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 21 of 24 harm. And although Cole alleges that an ongoing conspiracy exists, his Second Amended Complaint fails to set forth any factual allegations to support this claim. In sum, Cole has failed to allege a cognizable claim under § 1985. He does not allege that, within the limitations period, there was a conspiratorial act that injured him. At best, he alleges that he has continued to suffer from an alleged wrong that occurred prior to the statutory period. Consequently, the court grants the County's motion as to Cole's § 1985 claim. d. 42 U.S.C. § 1986 Cole asserts a claim under § 1986 for the Defendants' alleged failure to prevent a § 1985 conspiracy. However, a violation of § 1986 depends upon the existence of a valid § 1985 claim. 42 U.S.C. § 1986 ("Every person who, having knowledge that any of the wrongs conspired to be done and mentioned in the preceding section [§ 19851, are about to be committed, and having power to prevent . . . the same, neglects or refuses so to do . . . shall be liable to the party injured[.]"); Sanchez v. City of Santa Ana, 936 F.2d 1027, 1040 (9th Cir. 199 1) (noting that a § 1986 claim depends on the existence of a § 1985 claim). As discussed above, Cole's § 1985 claim does not survive the Defendants' motions to dismiss. It follows, therefore, that the Defendants are also entitled to dismissal of Cole's § 1986 claim. 21