Frederick Pitchford v. EEOC, No. 12-3553 (8th Cir. 2013)

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Court Description: Civil case - Civil rights. Dismissal of Section 1985 action affirmed without comment.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3553 ___________________________ Frederick L. Pitchford lllllllllllllllllllll Plaintiff - Appellant v. Equal Employment Opportunity Commission; Shirley McGee, employee of EEOC, in personal capacity; Margie Myers, employee of EEOC, in personal capacity; Wanda Milton, employee of EEOC, in personal capacity lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Jonesboro ____________ Submitted: May 3, 2013 Filed: May 8, 2013 [Unpublished] ____________ Before MURPHY, SMITH, and COLLOTON, Circuit Judges. ____________ PER CURIAM. Frederick Pitchford appeals the district court s1 dismissal of his 42 U.S.C. § 1985 complaint. After careful review, we conclude that the dismissal was proper for the reasons stated by the district court. See Gometz v. Culwell, 850 F.2d 461, 464 (8th Cir. 1988) (to state § 1985(2) claim, plaintiff must allege with sufficient particularity that parties reached some agreement and conspired together to deprive plaintiff of federal right); Harrison v. Springdale Water & Sewer Comm n, 780 F.2d 1422, 1430 (8th Cir. 1986) (equal protection provision of § 1985(3) requires allegation of class-based animus). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Brian S. Miller, Chief Judge, United States District Court for the Eastern District of Arkansas. -2-

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