## Facts

- The pastor of the St. Louis Cathedral parish, parishioners, and the Archbishop of St. Louis sued two unincorporated associations (Black Liberation Front and Action) and certain members.
- The defendants staged a series of protest demonstrations inside the Cathedral during religious services at a predominantly white Catholic parish.
- On June 8, 1969, numerous demonstrators entered during services, marched down the aisle, and lined up at the communion rail; some wore coordinated black clothing and some were shirtless.
- A demonstrator used an amplifier to read “notice and demands,” and others distributed copies; the notice warned of continued demonstrations for six months unless demands were met.
- On June 15, 1969, a demonstrator attempted to speak from the lectern; when denied permission, she continued reading demands, refused to leave, and was removed by police.
- Additional demonstrations followed, including an incident on June 29, 1969, involving entry before a noon service and further disruptions.
- Plaintiffs alleged the disruptions interfered with worship and were part of a racially motivated conspiracy to deprive them of federally protected rights.
- The district court found jurisdiction under multiple civil-rights statutes and entered a permanent injunction barring further disruptions.
- Defendants appealed, contesting federal jurisdiction and the propriety of injunctive relief.

## Issues

1. Whether the federal court had subject-matter jurisdiction under 42 U.S.C. § 1985(3) to enjoin a purely private conspiracy allegedly motivated by racial animus.
2. Whether § 1985(3) requires “state action” in this context.
3. Whether the permanent injunction was an appropriate remedy once § 1985(3) jurisdiction was established.

## Decision

- The en banc Eighth Circuit affirmed the permanent injunction.
- The court held the district court had federal jurisdiction under 42 U.S.C. § 1985(3).
- Because § 1985(3) supplied jurisdiction, the court did not decide whether jurisdiction also existed under §§ 1981, 1982, or 1983.
- The court concluded that § 1985(3), as construed by Griffin v. Breckenridge, can reach private conspiracies motivated by class-based, invidiously discriminatory animus.
- The court upheld injunctive relief given the repeated, planned disruptions of religious services and the threat of ongoing interference.

## Legal Principles

- 42 U.S.C. § 1985(3) authorizes federal relief against a private conspiracy when plaintiffs show: (1) a conspiracy, (2) motivated by class-based, invidiously discriminatory animus, (3) aimed at depriving persons of the equal enjoyment of rights protected by law, and (4) resulting injury or threatened injury.
- After Griffin v. Breckenridge, § 1985(3) does not impose an automatic state-action requirement; the key inquiry is whether the conspiracy targets rights Congress may protect against private interference.
- When a racially motivated pattern of conduct threatens continuing interference with federally protected rights, equitable relief may be warranted to prevent future violations.

## Conclusion

The Eighth Circuit sustained federal jurisdiction under § 1985(3) to enjoin a racially motivated, private conspiracy that repeatedly disrupted church services, holding that state action was not required and that a permanent injunction was a proper remedy to prevent ongoing interference with worship.


Action v. Gannon, 450 F.2d 1227 (8th Cir. 1971) (en banc)