2006-01-25_Dan_Cole_v._County_of_Hawaii_-_Order_Granting_Defendants_Motions_to_Dismiss

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Case 1:05-cv-00325-JMS-BMK Document 35 Filed 01/25/2006 Page 18 of 24 factual allegations forms the basis of the alleged conspiracy or which section of § 1985 the alleged conspiracy violates.s Like §§ 1981 and 1983, Hawaii's two-year statute of limitations for personal injury actions applies to Cole's § 1985 claim. McDougal v. County of Imperial, 942 F.2d 668, 673-74 (9th Cir. 1991) ("[S]uits under § 1985(3) are also best characterized as personal injury actions and are governed by the same statute of limitations as actions under § 1983."). Although the court looks to Hawaii law to determine the length of the limitations period, federal law determines the date on which the limitations period begins to run. Cline v. Brusett, 661 F.2d 108, 110 (9th Cir. 1981) ("While state law determines the period of limitations, federal law 5 Section 1985 contains discrete substantive clauses. Section 1985(1) concerns preventing an officer of the United States from performing his or her duties. The first clause of section 1985(2) concerns conspiracy to obstruct justice in the federal courts, or to intimidate a party, witness or juror in connection therewith. The second clause of§ 1985(2) provides a cause of action if: two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws. The first clause of§ 1985(3) provides a cause of action for a private conspiracy to deny equal protection of the laws. The second clause of§ 1985(3)provides a cause of action for a conspiracy designed to "prevent[] or hinder[] the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws." The third clause of§ 1985(3) concerns conspiracies to interfere with federal elections. Construing Cole's Second Amended Complaint liberally, Cole appears to assert a claim under § 1985(2) or the first clause of§ 1985(3). 18