Kagy

MEMORANDUM ***

Thomas Kagy, along with his wife and three daughters, brought suit against the golf club in the gated community in which the Kagys rented a home and against several of their neighbors. They alleged, inter alia, that agents of the club and the neighbors conspired to force the Kagys out of their neighborhood by engaging in racially-motivated harassment in violation of 42 U.S.C. § 1985 (3). Defendants then filed a motion to dismiss, arguing that plaintiffs failed to state a claim upon with relief could be granted under § 1985(3). The district court granted the motion, dismissing the § 1985(3) claim with prejudice and dismissing plaintiffs other, state-law-based claims without prejudice. Plaintiffs appeal. We affirm.

The district court did not err in dismissing plaintiffs’ § 1985(3) claim. Section 1985(3) is not itself a source of substantive rights, but instead allows plaintiffs to bring suit against defendants who conspire to violate civil rights protected by other statutes or the Constitution. Carpenters v. Scott, 463 U.S. 825, 833 , 103 S.Ct. 3352 , 77 L.Ed.2d 1049 (1983). Plaintiffs’ complaint does not identify a right upon which a § 1985(3) claim may be based.…