of the statute encompass private conspiracies as well as actions under color of state law. See Griffin v. Breckenridge, 403 U.S. 88, 101, 29 L. Ed. 2d 338, 91 S. Ct. 1790 (1971).
In order to state a claim under Section 1985, the plaintiff must allege a conspiracy, motivated by a discriminatory based animus, for the purpose of depriving any person or class of the equal protection of the law and an act in furtherance of the conspiracy, whereby a person is injured. United Brotherhood of Carpenters & Joiners, Local 610 v. Scott, 463 U.S. 825, 828-29, 77 L. Ed. 2d 1049, 103 S. Ct. 3352 (1983); Hobson v. Wilson, 237 U.S. App. D.C. 219, 737 F.2d 1, 14 (D.C. Cir. 1984), cert. denied, 470 U.S. 1084, 85 L. Ed. 2d 142, 105 S. Ct. 1843 (1985); see also Burt v. Ferrese, 871 F.2d 14, 17 (3d Cir. 1989); Robison v. Canterbury Village, Inc., 848 F.2d 424, 425 (3d Cir. 1988).
The requirement that the conspiracy be motivated by class-based animus was added by the Supreme Court in Griffin. See 403 U.S. at 102. The Court held that in order to give "full effect" to the Congressional purpose of Section 1985, "there must be some racial, or perhaps otherwise class-based invidiously discriminatory animus behind the conspirators' action. The conspiracy, in other words, must aim at a deprivation of the equal enjoyment of rights secured by the law to all." Id. Accordingly, Section 1985 "does not apply to all conspiratorial tortious interference with the rights of others, but only to those motivated by some class-based, invidiously discriminatory animus." Hobson, 737 F.2d at 14; see also Burt, 871 F.2d at 17; Robison, 848 F.2d at 425.
There are insufficient factual allegations by Patterson to support a claim of conspiracy motivated by class-based, discriminatory animus. Patterson has alleged no such conduct on the part of Defendants. Patterson, moreover, does not respond to Defendants' arguments on this point. See Opposition Brief. As indicated, moreover, there is no indication that any of the Individual Defendants, with the exception of Goodman, knew of Patterson's decision to support the Discrimination Action. Consequently, Patterson fails to state a claim against Defendants pursuant to 42 U.S.C. § 1985.
2. Section 1986
does not create an independent cause of action. Black v. Bayer, 672 F.2d 309, 312-13 n.4 (3d Cir.), cert. denied, 459 U.S. 916, 74 L. Ed. 2d 182, 103 S. Ct. 230 (1982). Because Section 1986 claims are derived from Section 1985 claims, so that "plaintiff's [Section] 1986 claim would fail with [her] [Section] 1985 claim," if she has not stated a claim under Section 1985. Because Patterson fails to state a claim against the Defendants under Section 1985, her Section 1986 claim also fails. See Black, 672 F.2d at 312-13 n.4.
E. State Law Claim
As indicated, Patterson has asserted Federal jurisdiction over Defendants, pursuant to 28 U.S.C. § 1343. Patterson has also alleged supplemental jurisdiction over her state law claim,
pursuant to 28 U.S.C. § 1367.
Supplemental jurisdiction enables federal courts to hear state law claims over which there is no independent basis of jurisdiction. 28 U.S.C. § 1367; Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 349, 98 L. Ed. 2d 720, 108 S. Ct. 614 (1988). Supplemental jurisdiction depends upon the existence of subject matter jurisdiction over other claims in the action. Pursuant to 28 U.S.C. § 1367, the "district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy...." 28 U.S.C. § 1367(a); see also Sinclair v. Soniform, Inc., 935 F.2d 599, 603 (3d Cir. 1991).
Section 1367(c) permits a court to decline to exercise supplemental jurisdiction when "the district court has dismissed all claims over which it has original jurisdiction." 28 U.S.C. § 1367(c)(3); see also Carnegie-Mellon, 484 U.S. at 350 ("when the Federal-law claims have dropped out of the lawsuit in its early stages and only state-law claims remain, the Federal court should decline the exercise of jurisdiction by dismissing the case without prejudice.") (footnote omitted); Fuentes v. South Hills Cardiology, 946 F.2d 196, 198 n.3 (3d Cir. 1991) (dismissal of "pendent state law claim" proper where federal claims dismissed for lack of subject matter jurisdiction).
As discussed, the claims raised against the Defendants pursuant to 42 U.S.C. §§ 1983, 1985 and 1986 have been dismissed. Because no other ground for supplemental jurisdiction is alleged, the remaining claim is dismissed without prejudice. 28 U.S.C. § 1367(c)(3); United Mine Workers v. Gibbs, 383 U.S. 715, 725, 16 L. Ed. 2d 218, 86 S. Ct. 1130 (1966).
For the reasons set forth above, the Motion for Summary Judgment is granted, in part. Patterson's Federal claims are dismissed with prejudice and her State law claim is dismissed without prejudice.
Dated: 20 February 1997