Vivian Johnson v. Hills & Dales General Hospital

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 court’s grant of summary judgment to defendants.

I

Plaintiff, a black physician, was employed by the MasterCare Corporation, a…