JOHNSON v. HILLS & DALES GENERAL HOSP.

No. 93-1854.

40 F.3d 837 (1994)

Vivian JOHNSON, Plaintiff-Appellant, v. HILLS & DALES GENERAL HOSPITAL, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 16, 1994.


Attorney(s) appearing for the Case

Melissa Zakiya El (argued and briefed), Detroit, MI, for plaintiff-appellant.

Karen B. Berkery (briefed), Mark D. Willmarth, Linda M. Garbarino (argued), Elizabeth I. Huldin, Kitch, Drutchas, Wagner & Kenney, Detroit, MI, for defendants-appellees.

Before: MILBURN, DAUGHTREY and WEIS, Circuit Judges.


WEIS, Circuit Judge.

Because a corporation cannot conspire with itself, employees of the company generally cannot be liable for a conspiracy under the Civil Rights Act, 42 U.S.C. § 1985(3). In this appeal, we conclude that an exception to that rule exists when the challenged activity takes place outside the course of employment. In this case, the evidence does not establish that the employees' conduct meets that standard, and therefore, we will affirm the district...

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