William J. Federer v. Richard A. Gephardt, Individually Joyce A. Aboussie, Individually James A. Larrew, Individually & John Does, 363 F.3d 754 (8th Cir. 2004). · Go Syfert
William J. Federer v. Richard A. Gephardt, Individually Joyce A. Aboussie, Individually James A. Larrew, Individually & John Does, 363 F.3d 754 (8th Cir. 2004). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, 2010–2026 · 2 courts · …equal protection of the laws, or of equal privileges and immunities under the laws; at p. 757
74 citation events (74 in the last 25 years) across 19 distinct courts.
Strongest positive: Kennedy Jr. v. Meta Platforms, Inc. (cand, 2024-09-03)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Kennedy Jr. v. Meta Platforms, Inc.
N.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
plaintiff is not 21 required to show class-based animus as part of a support and advocacy claim.
discussed Cited as authority (verbatim quote) Biby v. Board of Regents of University of Neb. at Lincoln (2×) also: Cited "see, e.g."
D. Neb. · 2004 · signal: see · quote attribution · 1 verbatim quote · confidence high
section 1985 is a statute which provides a remedy, but it grants no substantive stand-alone rights. the source of the rights or laws violated must be found elsewhere.
examined Cited as authority (quoted) Cockrum v. Donald J. Trump for President, Inc.
E.D. Va. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
because plaintiff's complaint is based upon a first amendment claim, and no state or federal government action is properly alleged, plaintiff's claim based on the support and advocacy provision of 1985(3) was properly dismissed.
cited Cited as authority (rule) Robert Brooks Hoel v. Hennepin County, a Minnesota political subdivision; Dawanna Witt, Sheriff – official capacity; S. Bukkila, Sgt. – Badge #526; D. Welwolie, Deputy – Badge #703; B. Brugger, Deputy – Badge #246; Helmandollar, Deputy – Badge #203; Dhimbil, Deputy – Badge #649; Brandon Butler, Lt. – Badge #117; John Doe, 1 – Court Security Officer; and John Does, 2–10
D. Minnesota · 2026 · confidence medium
A claim under § 1985(3) “requires proof of a class-based animus.” Federer v. Gephardt, 363 F.3d 754, 758 (8th Cir. 2004) (citing Griffin v. Breckenridge, 403 U.S. 88, 102 (1971)).
cited Cited as authority (rule) Robert Brooks Hoel v. Alexander Prouse, Deputy – ID #5368 – sued in both his individual and official capacities; Joseph Carter, Officer – ID #121 – sued in both his individual and official capacities; Doe 1; City of Proctor; St. Louis County
D. Minnesota · 2025 · confidence medium
A claim under § 1985(3) “requires proof of a class-based animus.” Federer v. Gephardt, 363 F.3d 754, 758 (8th Cir. 2004) (citing Griffin v. Breckenridge, 403 U.S. 88, 102 (1971)).
discussed Cited as authority (rule) Rindahl v. Reisch
D.S.D. · 2025 · confidence medium
To state a claim under 42 U.S.C. § 1985 (3), a plaintiff must allege “(1) a conspiracy, (2) for the purpose of depriving another of the equal protection of the laws, or of equal privileges and immunities under the laws; (3) an act in furtherance of the conspiracy; and (4) an injury to a person or property, or the deprivation of a legal right.” Federer v. Gephardt, 363 F.3d 754, 757-58 (8th Cir. 2004) (internal quotation omitted).
cited Cited as authority (rule) Glaum v. Braun
D.N.D. · 2025 · confidence medium
Federer v. Gephardt, 363 F.3d 754, 758 (8th Cir. 2004) (citing Griffin, 403 U.S. at 102 ).
discussed Cited as authority (rule) Sutton v. Sevier County
W.D. Ark. · 2025 · confidence medium
To prove a 42 U.S.C. § 1985 claim, a plaintiff must show: “(1) a conspiracy; (2) for the purpose of depriving another of the ‘equal protection of the laws, or of equal privileges and immunities under the laws;’ (3) an act in furtherance of the conspiracy; and (4) an injury to a person or property, or the deprivation of a legal right.” Federer v. Gephardt, 363 F.3d 754, 757-58 (8th Cir. 2004).
discussed Cited as authority (rule) Sutton v. Sevier County
W.D. Ark. · 2025 · confidence medium
Claim II: Conspiracy pursuant to 42 U.S.C. §§ 1983 & 1985 against County Defendants7 For a plaintiff to state a claim for conspiracy under the equal protection provision of 42 U.S.C. § 1985 he must show: “(1) a conspiracy; (2) for the purpose of depriving another of the ‘equal protection of the laws, or of equal privileges and immunities under the laws;’ (3) an act in furtherance of the conspiracy; and (4) an injury to a person or property, or the deprivation of a legal right.” Federer v. Gephardt, 363 F.3d 754, 757-58 (8th Cir. 2004).
cited Cited as authority (rule) North Dakota Human Rights Coalition v. Patriot Front
D.N.D. · 2024 · confidence medium
Federer v. Gephardt, 363 F.3d 754, 757-58 (8th Cir. 2004).
discussed Cited as authority (rule) Allen v. Gomez
W.D. Mo. · 2023 · confidence medium
See, e.g., Bediako v. Stein Mart, Inc., 354 F.3d 835, 841 (8th Cir. 2004) (allegations under §1981 require that defendants were acting under color of state law); Roe v. Humke, 128 F.3d 1213 , 1215 (8th Cir. 1997) (§1983 claim fails as matter of law if defendant not acting under color of state law); Federer v. Gephardt, 363 F.3d 754, 758 (8th Cir. 2004) (claim under §1985(3) requires state involvement or that the aim of the conspiracy somehow benefits the state itself).
discussed Cited as authority (rule) Anderson v. President & CEO of Walmart Inc.
W.D. Ark. · 2022 · confidence medium
ATo state a claim under the equal protection provisions of the first part of ' 1983(3), [Plaintiff] must allege (1) a conspiracy, (2) for the purpose of depriving another of the equal protection of the laws, or of equal privileges and immunities under the laws; (3) an act in furtherance of the conspiracy; and (4) an injury to a person or property, or the deprivation of a legal right.@ Federer v. Gephardt, 363 F.3d 754, 757-758 (8th Cir. 2004) (cleaned up).
discussed Cited as authority (rule) Krupa v. Quinn
N.D. Ill. · 2022 · confidence medium
See, e.g., Libertarian Party of Ohio v. Husted, 831 F.3d 382, 396 (6th Cir. 2016) (concluding that members of Ohio Governor John Kasich’s campaign staff were acting on behalf of Kasich in a private capacity, not “on behalf of the governor’s office”); Federer v. Gephardt, 363 F.3d 754, 757 (8th Cir. 2004) (dismissing a complaint about campaign activity for failing to allege a state action because the complaint alleged only “that the defendants acted on behalf of [a Congressman] as a political candidate and private person,” not as a government official).
cited Cited as authority (rule) Barber v. Frakes
D. Neb. · 2021 · confidence medium
The source of the right or laws violated must be found elsewhere.” Federer v. Gephardt, 363 F.3d 754, 758 (8th Cir. 2004).
cited Cited as authority (rule) Christopherson v. Bushner
W.D. Mo. · 2021 · confidence medium
In other words, “[a] claim under this part of the section . . . requires proof of a class-based animus.” Federer v. Gephardt, 363 F.3d 754, 758 (8th Cir. 2004).
cited Cited as authority (rule) Barber v. Frakes
D. Neb. · 2020 · confidence medium
The source of the right or laws violated must be found elsewhere.” Federer v. Gephardt, 363 F.3d 754, 758 (8th Cir. 2004).
cited Cited as authority (rule) Gardner v. City of St. Louis
E.D. Mo. · 2020 · confidence medium
McDonald v. City of Saint Paul, 679 F.3d 698, 706 (8th Cir. 2012); Federer v. Gephardt, 363 F.3d 754, 757-58 (8th Cir. 2004).
cited Cited as authority (rule) Smith v. Hutchinson
E.D. Ark. · 2020 · confidence medium
Youngblood v. Hy-Vee Food Stores, Inc., 266 F.3d 851, 855 (8th Cir. 2001); Federer v. Gephardt, 363 F.3d 754, 757-59 (8th Cir. 2004).
discussed Cited as authority (rule) Calvin Hollowell v. Ally Bank
8th Cir. · 2019 · confidence medium
Corp. v. Twombly, 550 U.S. 544, 555 (2007) (plaintiff must provide short and plain statement of claim showing that he is entitled to relief); see also Magee v. Trs. of Hamline Univ., Minn., 747 F.3d 532, 536-37 (8th Cir. 2014) (plaintiff failed to state § 1983 claim against private party where no facts plausibly alleged mutual understanding between private party and state actor); Federer v. Gephardt, 363 F.3d 754, 758 (8th Cir. 2004) (to state § 1985 claim, plaintiff must allege violation of federally protected right).
discussed Cited as authority (rule) Moeckel v. St Louis Family Court/State of Missouri
E.D. Mo. · 2019 · confidence medium
Federer v. Gephardt, 363 F.3d 754, 757-58 (8th Cir. 2004) (citing Griffin v. Breckenridge, 403 U.S. 88, 102-03 (1971) and 42 U.S.C. § 1985 (3)).
cited Cited as authority (rule) Johnson v. McQuistion
D.S.D. · 2018 · confidence medium
Gatlin ex. rel, Estate of Gatlin v. Green, 362 F.3d 1089, 1093 (8th Cir. 2004) (internal citations omitted); Federer v. Gephardt, 363 F.3d 754, 758 (8th Cir. 2004).
discussed Cited as authority (rule) Lopez v. Minnesota Vikings Football Club, LLC
D. Minnesota · 2018 · confidence medium
C. § 1985 Conspiracy Claim Section 1985(3) provides for a cause of action to recover damages against two or more persons who conspire “for the purpose of depriving . . . any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws.” To state a claim under § 1985(3), Lopez “must allege (1) a conspiracy, (2) for the purpose of depriving another of the equal protection of the laws, or of equal privileges and immunities under the laws; (3) an act in furtherance of the conspiracy; and (4) an injury to a person or property, or the d…
cited Cited as authority (rule) Gordon v. Board of Trustees of the University of Arkansas
E.D. Ark. · 2016 · confidence medium
Federer v. Gephardt, 363 F.3d 754, 758 (8th Cir.2004).
discussed Cited as authority (rule) Evenstad v. Herberg
D. Minnesota · 2014 · confidence medium
Federer v. Gephardt, 363 F.3d 754, 757-58 (8th Cir. 2004). “ ‘The language requiring intent to deprive [another] of equal protection, or equal privileges and immunities, means that there must be some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators’ action.’ ” Id. ¶ at 758 n. 3 (quoting Griffin v. Breckenridge, 403 U.S. 88, 102 , 91 S.Ct. 1790 , 29 L.Ed.2d 338 (1971)) (alteration added).
cited Cited as authority (rule) Universal Cooperatives, Inc. v. AAC Flying Service, Inc.
8th Cir. · 2013 · confidence medium
Federer v. Gephardt, 363 F.3d 754, 757 (8th Cir.2004).
cited Cited as authority (rule) Shannon D. Hollie v. Cal Ludeman
8th Cir. · 2012 · confidence medium
Graham, United States Magistrate Judge for the District of Minnesota. -3- Federer v. Gephardt, 363 F.3d 754, 757 (8th Cir. 2004) (de novo review).
discussed Cited as authority (rule) Eaton v. Minnesota Attorney General's Office
8th Cir. · 2011 · confidence medium
Servs., 512 F.3d 488, 497 (8th Cir.2008) (standard of review); and that dismissal was proper, see Federer v. Gephardt, 363 F.3d 754, 757 (8th Cir.2004) (Fed.R.Civ.P. 12(b)(6) dismissal is reviewed de novo).
discussed Cited as authority (rule) McDonald v. City of Saint Paul (2×) also: Cited "see"
D. Minnesota · 2011 · confidence medium
Griffin v. Breckenridge, 403 U.S. 88, 102-03 , 91 S.Ct. 1790 , 29 L.Ed.2d 338 (1971); Federer v. Gephardt, 363 F.3d 754, 757-58 (8th Cir.2004); City of Omaha Emps.
discussed Cited as authority (rule) Jihad v. Fabian
D. Minnesota · 2010 · confidence medium
Our determination of the Plaintiffs likelihood of success on this claim is guided by our Court of Appeals’ decision in Federer v. Gephardt, 363 F.3d 754, 757-58 (8th Cir.2004), where the Court, in reviewing the dismissal of a claim, observed as follows: To state a claim under the equal protection provision of the first part of § 1985(3), [the plaintiff] must allege (1) a conspiracy, (2) for the purpose of depriving another of the “equal protection of the laws, or of equal privileges and immunities under the laws;” (3) an act in furtherance of the conspiracy; and (4) an injury to the per…
discussed Cited as authority (rule) Hall v. Witteman
10th Cir. · 2009 · confidence medium
See Johnson v. Knowles, 113 F.3d 1114, 1118 (9th Cir.1997) (“[T]he mere fact that the prestige of [defendant’s] office may have enhanced his influence over the Committee is not enough to convert his actions into state action.”); Federer v. Gephardt, 363 F.3d 754, 759 (8th *867 Cir.2004) (defendant’s being a member of Congress did not make him a government actor with respect to alleged campaign misconduct); Tierney v. Vahle, 304 F.3d 734, 741-42 (7th Cir.2002) (letter to school athletic director in support of swim coach by judge on official stationery was not state action; the letter di…
discussed Cited as authority (rule) Steven M. Jacob v. Robert Houston
8th Cir. · 2007 · confidence medium
Upon de novo review of the dismissal, see Federer v. Gephardt, 363 F.3d 754, 757 (8th Cir.2004) (standard of review), we agree with the district court that plaintiffs failed to state any federal claim, see Whisman v. Rinehart, 119 F.3d 1303 , 1312 (8th Cir.1997) (alleged violation of state law does not by itself state claim under § 1983).
discussed Cited as authority (rule) Cobb v. United States Department of Education Office for Civil Rights (2×)
D. Minnesota · 2007 · confidence medium
Federer v. Gephardt, 363 F.3d 754, 757-58 (8th Cir.2004) (citations and footnotes omitted).
discussed Cited as authority (rule) Kenyatta Williams Bey v. Gary Kemper (2×) also: Cited "see"
8th Cir. · 2006 · confidence medium
See Pool v. Sebastian County, 418 F.3d 934 , 942 (8th Cir.2005) (deliberate indifference may be manifested by prison officials intentionally denying or delaying access to medical care); Federer, 363 F.3d at 757 (dismissal is proper only where no relief could be granted under any set of facts provable under allegations); Wilson v. Spain, 209 F.3d 713, 715 (8th Cir.2000) (Eighth Amendment excessive-force claim); Madewell v. Roberts, 909 F.2d 1203, 1206 (8th Cir.1990) (retaliation).
cited Cited as authority (rule) Harms v. Cigna Insurance Companies
D.S.D. · 2006 · confidence medium
Federer v. Gephardt, 363 F.3d 754, 757 (8th Cir.2004).
discussed Cited as authority (rule) Weigand v. Spadt
D. Neb. · 2004 · confidence medium
Sav. & Loan Ass'n. v. Novotny, 442 U.S. 366, 376 , 99 S.Ct. 2345 , 60 L.Ed.2d 957 (1979).” Federer v. Gephardt, 363 F.3d 754, 757-58 (8th Cir.2004) (footnotes omitted). 14 .A litigant may not bring a* claim under § 1985(3) to redress violations of Title VII.
cited Cited "see" Carsten Quinlan v. Daniel Puls
8th Cir. · 2025 · signal: see · confidence high
See Federer v. Gephardt, 363 F.3d 754, 757 (8th Cir. 2004) (standard of review).
cited Cited "see" Quinlan v. Puls
D. Minnesota · 2025 · signal: see · confidence high
See Federer v. Gephardt, 363 F.3d 754, 759 (8th Cir. 2004) (citing Bray v. Alexandria Women’s Health Clinic, 506 U.S. 263, 267-68 (1993)).
cited Cited "see" James Rose, Jr. v. Glenn Guanowsky
3rd Cir. · 2022 · signal: see · confidence high
See Federer v. Gephart, 363 F.3d 754, 758-60 (8th Cir. 2004); Wong v. Stripling, 881 F.2d 200, 203 (5th Cir. 1989).
cited Cited "see" Watson v. United States of America
E.D. Mo. · 2021 · signal: see · confidence high
See Griffin v. Breckenridge, 403 U.S. 88 , 102–03 (1971) and Federer v. Gephardt, 363 F.3d 754 , 757–58 (8th Cir. 2004).
discussed Cited "see" Doe v. Washington University
E.D. Mo. · 2020 · signal: see · confidence high
See Federer v. Gephardt, 363 F.3d 754, 759-60 (8th Cir. 2004) (§ 1985(3) “provides no remedy for a private conspiracy based on a violation of [plaintiff’s] First Amendment rights.”); Spectronics Corp. v. TCI/TKR of Jefferson Cty., Inc., 17 F. Supp. 2d 669, 670 (W.D.
discussed Cited "see" Libertarian Party of Ohio v. Jon Husted
6th Cir. · 2016 · signal: see · confidence high
See Federer v. Gephardt, 363 F.3d 754, 759 (8th Cir. 2004) (dismissing complaint for failing to allege state action because the complaint alleged only “that the defendants acted on behalf of [a Congressman] as a political candidate and private person,” not as a government official).
cited Cited "see" Libertarian Party of Ohio v. Husted
S.D. Ohio · 2016 · signal: see · confidence high
See Federer v. Gephardt, 363 F.3d 754, 759 (8th Cir.2004) (finding that member of the incumbent’s staff “acted on behalf of [the incumbent] as a political candidate and a private person.”).
cited Cited "see" Joseph Johnson v. Special Agent Josh Florell
8th Cir. · 2008 · signal: see · confidence high
See Federer v. Gephardt, 363 F.3d 754, 757 (8th Cir. 2004) (de novo standard of review for Fed.
discussed Cited "see" Johnson v. Florell
8th Cir. · 2008 · signal: see · confidence high
See Federer v. Gephardt, 363 F.3d 754, 757 (8th Cir.2004) (de novo standard of review for Fed.R.Civ.P. 12(b)(6) dismissal); Anderson v. Larson, 327 F.3d 762 , 767 (8th Cir.2003) (de novo standard of review for grant of summary judgment).
examined Cited "see" McCabe v. MacAulay (3×) also: Cited "see, e.g."
N.D. Iowa · 2006 · signal: see · confidence high
See generally Federer v. Gephardt, 363 F.3d 754 (8th Cir.2004) (discussing two provisions of 42 U.S.C. § 1985 (3)).
discussed Cited "see" Enoch E. Gould v. Timothy Faver
8th Cir. · 2006 · signal: see · confidence high
See Federer v. Gephardt, 363 F.3d 754, 759-60 (8th Cir.2004) (for private conspiracy to come within ambit of first clause of § 1985(3), plaintiff must establish (1) that racial or otherwise class-based invidiously discriminatory animus lay behind conspiracy and (2) that conspiracy was aimed at interfering with right protected against private, as well as official, encroachment; First Amendment rights are not protected against private encroachment under § 1985(3)); Med.
cited Cited "see" Dornheim v. Sholes
8th Cir. · 2005 · signal: see · confidence high
See Federer v. Gephardt, 363 F.3d 754, 757 (8th Cir.2004).
cited Cited "see" Marybeth Dornheim v. Michael Sholes
8th Cir. · 2005 · signal: see · confidence high
See Federer v. Gephardt, 363 F.3d 754, 757 (8th Cir.2004).
discussed Cited "see, e.g." Gakin v. City of Rapid City (2×)
S.D. · 2005 · signal: see also · confidence medium
See also Federer v. Gephardt, 363 F.3d 754, 758 (8th Cir.2004) (holding that a claim under the equal protection section of section 1985(3) requires proof of class-based animus). [¶ 32.] On appeal, the parents do not assert, nor is there any evidence in the record to suggest, that racial or other class-based animus existed on the part of the City. 8 Therefore, a prima facie claim of civil rights violations under § 1985(3) has not been established. [¶ 33.] Based on the above, there is no genuine issue of material fact that the parents established civil rights violations under 42 USC § 1983 o…
Retrieving the full opinion text from the archive…
William J. FEDERER, Appellant,
v.
Richard A. GEPHARDT, Individually; Joyce A. Aboussie, Individually; James A. Larrew, Individually; And John Does, Appellees
02-3987.
Court of Appeals for the Eighth Circuit.
Apr 13, 2004.
363 F.3d 754
2004 U.S. App. LEXIS 7093
2004 WL 769489
Larry Klayman, argued, Washington, DC (George J. Luberda on the brief), for appellant., Elizabeth C. Carver, argued, St. Louis, MO (Larry D. Hale, Rebecca R. Jackson, Edward L. Dowd, Jr. and Darci F. Madden on the brief), for appellee.
Melloy, Hansen, Smith.
Cited by 57 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 69%
Citer courts: E.D. Virginia (1)
HANSEN, Circuit Judge.

William J. Federer sued several defendants for damages arising from an alleged civil conspiracy in violation of 42 U.S.C.[*757] § 1985(3) (2000). Federer appeals the district court’s order dismissing Federer’s § 1985(3) claims for failure to state a cause of action under Federal Rule of Civil Procedure 12(b)(6). On appeal, Federer argues (1) that his complaint adequately alleged a violation of the equal protection provisions of § 1985(3); and (2) that his complaint adequately alleged a violation of the support and advocacy clause of § 1985(3). We respectfully disagree, and we affirm the judgment of the district court.

I.Background

Federer was the Republican Party candidate for Congress in Missouri’s Third Congressional District in the November 2000 general election. Appellee Richard A. Gephardt ■ was Federer’s Democratic Party opponent and the incumbent Representative. Federer alleges that during the 2000 campaign, Gephardt acted in concert with defendants Joyce Aboussie, James Larrew, and unidentified John Does to interfere with Federer’s campaign. Specifically, Federer alleges that between May 2000 and September 2000, someone broke into Federer’s campaign headquarters, his home, his family’s real estate office, and his brother’s law office. Each break-in resulted in property damage or theft. Federer alleges that the break-ins were committed by the defendants in order to prevent Federer from “supporting and advocating” himself as a candidate in a federal Congressional election.

In addition, Federer alleges that he was assaulted and harassed at the South County Days Parade in St. Louis on October 7, 2000, by the defendant Larrew. Federer alleges that Gephardt and Aboussie instructed Larrew to follow Federer along the parade route with a- video camera and that Larrew was instructed to provoke a physical altercation with Federer. Eventually, Larrew made a formal assault complaint against Federer. Federer Was tried for and acquitted of the assault charge in January 2003.

Defendants filed a motion to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The district court [1] concluded that an alleged conspiracy to infringe First Amendment rights is not actionable under § 1985(3) unless state action is alleged. The court dismissed Fed-erer’s § 1985(3) claim because it failed to allege state action and for its failure to allege that Federer was a member ■ of a protected class. Because this was Federer’s only federal claim, the court then dismissed the. entire complaint (the other counts alleged state law tort claims) for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1).

II.Standard of Review

We review a district court’s dismissal for failure to state a claim de novo. Rucci v. City of Pacific, 327 F.3d 651, 652 (8th Cir.2003). We must view the complaint in a manner most favorable to the plaintiff and may dismiss only where no relief could be granted under any set of facts provable under the allegations. Id. We must accept the plaintiffs matérial factual allegations as true, putting all skepticism aside.

III.“Equal Protection” Claim

To state a claim under the equal protection provisions of the first part of § 1985(3), Federer must allege (1) a conspiracy, (2) for the purpose of depriving another of the “equal protection of the[*758] laws, or of equal privileges and immunities under the laws;” (3) an act in furtherance of the conspiracy; and (4) an injury to a person or property, or the deprivation of a legal right. Griffin v. Breckenridge, 403 U.S. 88, 102-03, 91 S.Ct. 1790, 29 L.Ed.2d 338 (1971); 42 U.S.C. § 1985(3). [2] A claim under this part of the section also requires proof of a class-based animus, Griffin, 403 U.S. at 102, 91 S.Ct. 1790. [3] In addition, Federer must allege that an independent federal right has been infringed. Section 1985 is a statute which provides a remedy, but it grants no substantive stand-alone rights. The source of the right or laws violated must be found elsewhere. United Bhd. of Carpenters & Joiners of Am. v. Scott, 463 U.S. 825, 833, 103 S.Ct. 3352, 77 L.Ed.2d 1049 (1983); Great Am. Fed. Sav. & Loan Ass’n. v. Novotny, 442 U.S. 366, 376, 99 S.Ct. 2345, 60 L.Ed.2d 957 (1979).

Because no separate statute gives a citizen the independent federal right to support and advocate on behalf of a candidate for Congress, the only otherwise defined federal rights to which Federer’s complaint alludes are the First Amendment rights of freedom of association and freedom of expression. “[A]n alleged conspiracy to infringe First Amendment rights is not a violation of § 1985(3) unless it is proved that the State is involved in the conspiracy or that the aim of the conspiracy is to influence the activity of the State.” Carpenters, 463 U.S. at 830, 103 S.Ct. 3352. Unlike 42 U.S.C. § 1983, which requires that the offending action be done under the color of state law (meaning the law of one of the states comprising the Union), the scope of § 1985(3) is considerably broader and can reach conspiracies composed of federal officers or federal employees. See Hobson v. Wilson, 737 F.2d 1, 19-20 (D.C.Cir.1984), cert. denied, 470 U.S. 1084, 105 S.Ct. 1843, 85 L.Ed.2d 142 (1985), overruled in part on other grounds, Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit, 507 U.S. 163, 113 S.Ct. 1160, 122 L.Ed.2d 517[*759] (1993). Because the First Amendment prohibits both the federal government and the states (through its incorporation into the Fourteenth Amendment) from violating the rights of free expression and association guaranteed by the First Amendment, it follows that the “state action” requirement in § 1985(3), as explained in Carpenters, can be satisfied by a federal actor who is a member of the conspiracy.

Federer asserts that he has alleged state action because he alleged that Mr. Gephardt was a member of the United States House of Representatives and because Aboussie and Larrew were members of Mr. Gephardt’s staff. However, a defendant’s government employment does not make the defendant a governmental actor for all purposes. The particular actions complained of must be fairly attributable to the respective government.

“In ascertaining the presence of state action, we must examine the record to determine whether ‘the conduct allegedly causing the deprivation of a federal right [is] fairly attributable to the State.’ ” Montano v. Hedgepeth, 120 F.3d 844, 848 (8th Cir.1997)(considering the presence of state action in a First Amendment claim arising under 42 U.S.C. § 1983) (quoting Lugar v. Edmondson Oil Co., 457 U.S. 922, 937, 102 S.Ct. 2744, 73 L.Ed.2d 482 (1982)) (alteration in original). We consider two factors for determining whether state action is present. First, the action violating the rights of the claimant must have been “caused by the exercise of some right or privilege created by the State or by a rule of conduct imposed by the State or by a person for whom the State is responsible.” Lugar, 457 U.S. at 937, 102 S.Ct. 2744. “Second, the party charged with the deprivation must be a person who may fairly be said to be a state actor. This may be because he is a state official, because he has acted together with or has obtained significant aid from state officials, or because his conduct is otherwise chargeable to the State.” Id.; see also Montano, 120 F.3d at 848; Roudybush v. Zabel, 813 F.2d 173, 176-77 (8th Cir.1987).

The defendants here are not government actors under this test. Their alleged actions were not “caused by the exercise of some right or privilege created by” their federal employment. Federer’s complaint does not allege that the defendants acted on behalf of the United States House of Representatives, or of the United States, or of the State of Missouri; the complaint instead indicates that the defendants acted on behalf of Mr. Gephardt as a political candidate and private person. Federer’s complaint does not properly allege the governmental state action necessary to claim a § 1985(3) conspiracy for the violation of a First Amendment right.

Alternatively, Federer argues that he is not required to allege state action because the defendants engaged in a private conspiracy. For a private conspiracy to come within the ambit of the first clause of § 1985(3), the plaintiff must also establish (1) “that some racial, or perhaps otherwise class-based, invidiously discriminatory animus [lay] behind the conspirator’s action;” and (2) “that the conspiracy ‘aimed at interfering with rights’ that are ‘protected against private, as well as official, encroachment.’ ” Bray v. Alexandria Women’s Health Clinic, 506 U.S. 263, 267-68, 113 S.Ct. 753, 122 L.Ed.2d 34 (1993)(quoting Griffin, 403 U.S. at 102, 91 S.Ct. 1790, and Carpenters, 463 U.S. at 833, 103 S.Ct. 3352). Passing the question of whether or not a political party is a “class” under the statute, Carpenters, 463 U.S. at 836, 103 S.Ct. 3352, it is clear that the “rights” involved here are solely First Amendment rights. As such, they are not rights that are “protected against both private and official encroach-[*760] merit.” The First Amendment “erects a shield exclusively against governmental misconduct. It provides no protection against private behavior, no matter how egregious.” Montano, 120 F.3d at 848 (internal citation omitted). Thus, § 1985(3) provides no remedy for a private conspiracy based on a violation of Federer’s First Amendment rights. [4]

IV. “Support and Advocacy” Claim

The second part of § 1985(3) relates generally to the “institutions and processes of the Federal Government,” and specifically to federal elections. [5] Kush v. Rutledge, 460 U.S. 719, 724, 103 S.Ct. 1483, 75 L.Ed.2d 413 (1983). The defendants do not argue that Federer was required to show state action or class-based animus in order to avail himself of the support and advocacy provisions of § 1985(3). We agree that Federer is not required to show class-based animus as part of his support and advocacy claim. In Kush, the Court noted that the second part of § 1985(3) “contain[s] no language requiring that the conspirators act with the intent to deprive their victims of the equal protection of the laws.” Id. at 725, 103 S.Ct. 1483. This absence indicates that a finding of class-based animus is not required. See Griffin, 403 U.S. at 102, 91 S.Ct. 1790.

However, because the substantive federal right that Federer wishes to vindicate is a First Amendment right, state action is required. Gill v. Farm Bureau Life Ins., Co., 906 F.2d 1265 (8th Cir.1990). In Gill, we evaluated a claim under the support and advocacy provision of § 1985(3). We found that “the essence of [Appellant’s] claim is the assertion of a First Amendment type right vindicating advocacy and association.” Id. at 1270. We reasoned that under the support and advocacy clause of § 1985(3), “a First Amendment claim [canjnot be actionable in the absence of State Action.” Id. at 1270. The essence of Federer’s § 1985(3) support and advocacy complaint is comparable to that of the plaintiff in Gill, and thus, under our circuit’s case law, Federer cannot proceed with his claim without showing state or government action. Because Fed-erer’s complaint is based upon a First Amendment claim, and no state or federal government action is properly alleged, Federer’s claim based on the support and advocacy provision of § 1985(3) was properly dismissed.

V. Conclusion

For the reasons stated, we affirm the judgment of the district court.

1

. The Honorable Carol E. Jackson, Chief Judge, United States District Court for the Eastern District of Missouri.

2

. In its entirety, 42 U.S.C. § 1985(3) states:

If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of tire United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

The first part of section 1985(3) is often referred to as the equal protection provisions of the section because of the language "for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws.” Id. (emphasis added).

3

. “The language requiring intent to deprive of equal protection, or equal privileges and immunities, means that there must be some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators’ action.” Griffin, 403 U.S. at 102, 91 S.Ct. 1790 (emphasis omitted).

4

. Furthermore, Federer's complaint cannot be construed to allege the violation of any other federal rights. The complaint does not allege a violation or interference with the right to vote, or the right of access to the seat of the government, or the right to petition Congress for the redress of grievances.

5

. The so-called “support and advocacy” clause of 1985(3) is the clause which reads as follows:

or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy ....

Id. (emphasis added).