Dean v. Warren, No. 19-14674 (11th Cir. 2021)Annotate this Case
Plaintiff, a cheerleader at Kennesaw State University, filed suit alleging violations of 42 U.S.C. 1983 and 1985(3) after she and her teammates kneeled during the pre-game national anthem at one of the university's football games to protest police brutality against African Americans and to advance the cause of racial justice. Plaintiff claimed that there was a public and private conspiracy to deprive her and her teammates of their First Amendment rights. At issue on appeal is whether the district court erred by dismissing plaintiff's section 1985(3) claim against the sheriff.
The Eleventh Circuit affirmed the district court's order dismissing plaintiff's claim against the sheriff, agreeing with the district court that plaintiff failed to surmount section 1985(3)'s class-based animus bar under the standard established by Supreme Court precedent. The court concluded that plaintiff's direct race-based theory cannot succeed because she failed to plead sufficient facts supporting it; plaintiff's indirect race-based claim failed to allege animus under Bray v. Alexandria Women's Health Clinic, 506 U.S. 263 (1993); and plaintiff's political class-based theory is also precluded by Bray.