carpenters scott argued april decided july respondent construction company hired nonunion workers project near port arthur citizen protest company hiring practice organized meeting held executive committee sabine area building construction trades council protest construction site company employees including two individual respondents assaulted beaten construction equipment burned destroyed violence vandalism delayed construction led company default contract action federal district petitioners sabine area building construction trades council certain local unions individuals respondents asserted petitioners conspired deprive respondents legally protected rights contrary provisions supp making available cause action injured conspiracies formed purpose depriving either directly indirectly person class persons equal protection laws equal privileges immunities laws district entered judgment respondents granting injunctive relief awarding damages appeals affirmed pertinent part holding purpose conspiracy deprive respondents first amendment right associate union purposes necessary show state involvement infringement first amendment rights reaches conspiracies motivated political economic bias well motivated racial bias thus including conspiracy harm nonunion employees nonunion contractor held alleged conspiracy infringe first amendment rights violation unless proved state involved conspiracy aim conspiracy influence activity state moreover kind animus requires present case pp griffin breckenridge upheld application purely private conspiracies aimed interfering rights constitutionally protected private well official encroachment rights involved case right travel thirteenth amendment rights however griffin hold declare alleged conspiracy aimed right definition right state interference first fourteenth amendment rights plaintiff suit nevertheless need prove conspiracy contemplated state involvement sort pp language legislative history establish requires racial perhaps otherwise invidiously discriminatory animus behind conspirators action griffin supra pp though predominant purpose combat animus negroes supporters necessary determine whether must construed reach cases involving racial bias pp even assumed construed reach conspiracies aimed class organization account political views activities provision reach conspiracies motivated bias towards others account economic views status activities neither language legislative history compels construction include group action resting economic commercial animus animus favor unionization pp white delivered opinion burger powell rehnquist stevens joined blackmun filed dissenting opinion brennan marshall joined post laurence gold argued cause petitioners briefs martin dies george kaufmann robert keith argued cause respondents brief lino graglia john smither briefs amici curiae urging affirmance filed burt neuborne american civil liberties union tom martin davis associated builders contractors robert thompson melvin hutson stephen bokat chamber commerce david crump legal foundation america rex reed national right work legal defense foundation justice white delivered opinion case concerns scope cause action made available supp injured conspiracies formed purpose depriving either directly indirectly person class persons equal protection laws equal privileges immunities laws cross construction cross contracted department army construct alligator bayou pumping station gravity drainage structure taylor bayou hurricane levee near port arthur tex accordance usual practice cross hired workers project without regard union membership outside port arthur area employees cross several times warned local residents cross practice hiring nonunion workers matter serious concern many area lead trouble according district evidence showed january meeting executive committee sabine area building construction trades council citizen protest cross hiring practices discussed time place protest chosen morning january large group assembled entrance alligator bayou construction site group union members present january meeting gathering several truckloads men emerged drove construction site assaulted beat cross employees burned destroyed construction equipment district found continued violence threatened nonunion workers leave area concede union policies principles scott moore supp ed tex violence vandalism delayed construction led cross default contract army plaintiffs case amendment complaint respondents scott matthews two cross employees beaten company sabine area building trades council local unions various individuals named defendants plaintiffs asserted defendants conspired deprive plaintiffs legally protected rights contrary supp case tried permanent injunction entered damages awarded local unions individual plaintiffs cross plus attorney fees amount arriving judgment district recognized make violation construed griffin breckenridge plaintiff must allege prove four elements conspiracy purpose depriving either directly indirectly person class persons equal protection laws equal privileges immunities laws act furtherance conspiracy whereby person either injured person property deprived right privilege citizen district found first third fourth elements plainly established issue district thought concerned second element construing requirement griffin held conspiracy must purpose deprivation equal protection laws equal privileges immunities laws also must motivated racial perhaps otherwise invidiously discriminatory animus behind conspirators action griffin involved racial animus interference rights congress unquestionably protect private conspiracies issue district identified whether private conspiratorial discrimination employees nonunionized entity kind conduct triggers proscription district concluded conspiracy encompassed violations civil criminal laws state texas thus depriving plaintiff protections afforded laws proscribes animus racial bias class nonunion laborers employers protected class section district believed men women right associate associate group class individuals concomitantly free violent acts bodies property association conduct evidenced discriminatory animus nonunion workers hence violation federal law appeals sitting en banc except setting aside failure proof judgment local unions affirmed judgment district scott moore appeals understood respondents submission petitioners conspiracy aimed depriving respondents first amendment right associate fellow nonunion employees curtailment deprivation equal protection laws within meaning appeals agreed part holding purpose conspiracy deprive plaintiffs first amendment right associate union rejected argument necessary show state involvement demonstrate infringement first amendment rights argument thought expressly rejected griffin therefore felt compelled disagree two decisions appeals seventh circuit espousing position murphy mount carmel high school dombrowski dowling appeals went hold reached conspiracies motivated either political economic bias thus petitioners conspiracy harm nonunion employees nonunionized contractor embodied kind animus contemplated construed griffin importance issue involved granted certiorari reverse ii disagree district appeals conspiracy act done furtherance thereof resultant injury persons property contrary appeals however conclude alleged conspiracy infringe first amendment rights violation unless proved state involved conspiracy aim conspiracy influence activity state also disagree appeals view present kind animus requires equal protection clause fourteenth amendment prohibits state denying person equal protection laws first amendment virtue due process clause fourteenth amendment applies state governments officials prohibits either congress state making law abridging freedom speech right people peaceably assemble many words prohibited conspiracies deprive person equal protection laws guaranteed fourteenth amendment freedom speech guaranteed first amendment untenable contend either provisions violated conspiracy somehow involve affect state commonplace rights equal protection clause arise involvement state one acting color authority equal protection clause add thing rights one citizen constitution another cruikshank justice douglas recently put fourteenth amendment protects individual state action wrongs done individuals williams dissenting opinion view beginning cruikshank supra harris civil rights cases hodges powell remains view today see evans newton price post guest consistently held fourteenth amendment protects individual state action wrongs done individuals williams opinion douglas price griffin breckenridge contrary held reaches purely private conspiracies interpreted invalid face applied recognized language section referring deprivations equal protection equal privileges immunities resembled language prohibitions fourteenth amendment understood difficult conceive violation statute involve state respect observed section expressly refer fourteenth amendment nothing inherent language used requires action working deprivation come state correct reading language act section limited constraints fourteenth amendment broader scope became even apparent explained conspiracy issue actionable aimed depriving plaintiffs rights protected thirteenth amendment right travel guaranteed federal constitution section constitutionally protect rights interference purely private conspiracies griffin hold even alleged conspiracy aimed right definition right state interference plaintiff suit nevertheless need prove conspiracy contemplated state involvement sort complaint griffin alleged among things deprivation first amendment rights sustain action basis allegation paid scant attention instead upheld application private conspiracies aimed interfering rights constitutionally protected private well official encroachment neither respondents position helped assertion even fourteenth amendment provide authority proscribe exclusively private conspiracies precisely conduct proscribed commerce clause doubt case provision since provides substantive rights class conspired great american federal savings loan assn novotny rights privileges immunities vindicates must found elsewhere right claimed infringed source first amendment amendment restrains official conduct make case necessary respondents prove state somehow involved affected conspiracy appeals accordingly erred holding prohibits wholly private conspiracies abridge right association guaranteed first amendment holding appeals found unnecessary determine whether respondents action sustained involving conspiracy deprive respondents rights privileges immunites state law protected private action federal constitution federal statutory law conceivably remand consideration possibilities consider take neither course view appeals also reversed dispositive ground requirement must racial perhaps otherwise invidiously discriminatory animus behind conspirators action griffin breckenridge satisfied case indicated examining language structure legislative history griffin opinion emphatically declared section intended reach private conspiracies way involved state nevertheless aware sweep originally introduced house provoked strong opposition chamber precipitated proposal adoption narrowing amendment limited breadth bill bill provide federal remedy tortious conspiratorial interferences rights others large part opposition original bill motivated belief congress lacked authority punish every assault battery committed two persons cong globe app interpreted legislative history years ago griffin narrowing amendment centered entirely animus motivation required thus constitutional shoals lie path interpreting general federal tort law avoided giving full effect congressional purpose requiring element cause action kind invidiously discriminatory motivation stressed sponsors limiting amendment see remarks representatives willard shellabarger quoted supra language requiring intent deprive equal protection equal privileges immunities means must racial perhaps otherwise invidiously discriminatory animus behind conspirators action conspiracy words must aim deprivation equal enjoyment rights secured law footnotes omitted facts griffin revealed animus negroes supported invidious discrimination central concern congress enacting expressly declined decide whether conspiracy motivated invidiously discriminatory intent racial bias actionable portion us courts answered question held section reaches conspiracies motivated racial bias also forbids conspiracies workers refuse join union disagree latter conclusion affirm former appeals arrived result first describing ku klux klan political organization sought deprive large segment southern population political power participation governance nation appeals reasoned republicans among objects klan conspiratorial activities republicans particular political groups general protected finally believed animus economic group preferred nonunion association closely akin animus political association appeals concluded animus nonunion employees port arthur area sufficiently similar animus political party satisfy requirements unpersuaded first place close question whether intended reach animus animus negroes championed cause notably republicans central theme bill proponents klan others forcibly resisting efforts emancipate negroes give equal access political power predominant purpose combat prevalent animus negroes supporters latter included republicans generally well others northerners came south sympathetic views towards negro although examined care legislative history marshaled support position congress meant forbid wholly nonracial politically motivated conspiracies find difficult question whether provided remedy every concerted effort one political group nullify influence injury competing group use otherwise unlawful means accede view go far toward making federal courts virtue monitors campaign tactics state federal elections role courts quick assume respondents submission accepted proscription arguably reach claim political party interfered freedom speech another political party encouraging heckling rival speakers disruption rival meetings realize legislative history support view broader reach senator edmunds statement floor senate clearest expression view said conspiracy formed man democrat please catholic methodist vermonter section reach cong globe provision however originated house narrowing amendment changed present form proposed debated adopted senate made technical changes bill senator edmunds views since managed bill floor senate without weight aware views griffin still withheld judgment question whether enacted went farther central concern combating violent efforts klan allies resist frustrate intended effects thirteenth fourteenth fifteenth amendments lacking evidence congressional intention follow course even section must construed reach conspiracies aimed class organization account political views activities classes posited senator edmunds find convincing support legislative history proposition provision intended reach conspiracies motivated bias towards others account economic views status activities construction extend economic life country way doubt congress intended passed provision respondents submit congress intended protect two general classes republicans negroes northern immigrants latter klan resented carpetbagger efforts dominate economic life south respondents rely series statements made debates civil rights act part indicating northern laborers businessmen come north targets klan conspiracies brief respondents understand remarks however speakers believed northerners viewed suspect republicans thought sympathetic negroes interpret parts debates asserting klan general animus either labor capital persons plausible southern democrats prejudiced generally enterprising persons trying better even enterprising persons northern animus negroes sympathizers perhaps republicans class economic groups senator pool whose remarks respondents rely identified thought heart matter truth whenever northern man goes southern state prove traitor principles entertained home lend purposes democracy purchased forget ready use elevate office within gift cong globe accordingly judgment appeals reversed title supp entirety provides follows depriving persons rights privileges two persons state territory conspire go disguise highway premises another purpose depriving either directly indirectly person class persons equal protection laws equal privileges immunities laws purpose preventing hindering constituted authorities state territory giving securing persons within state territory equal protection laws two persons conspire prevent force intimidation threat citizen lawfully entitled vote giving support advocacy legal manner toward favor election lawfully qualified person elector president vice president member congress injure citizen person property account support advocacy case conspiracy set forth section one persons engaged therein cause done act furtherance object conspiracy whereby another injured person property deprived exercising right privilege citizen party injured deprived may action recovery damages occasioned injury deprivation one conspirators ku klux klan act reconstruction congress response politically motivated mob violence south designed intimidate persons exercise legal rights act prohibits state officials violating federal rights citizens addresses problem mob violence directly provides criminal civil liability private conspiracies deprive either directly indirectly person class persons equal protection laws equal privileges immunities laws act apr stat current version supp today classic case mob violence intended intimidate persons exercising legal rights holds ku klux klan act provides protection first holds prohibits private conspiracy interfere exercise first amendment rights state action involved ante assumes merely bans private conspiracies accomplish deprivations actionable caused state officials although congress passed statute simple fact face differs structurally briscoe lahue marshall dissenting griffin breckenridge unlike provide cause action deprivation independent rights secured constitution laws instead prohibits private conspiracies intended prevent persons classes persons equal exercise civil rights violation independent legal right required require state action involvement state way legislative history unambiguously establishes meaning function equal protection equal privileges immunities language originally introduced representative shellabarger contain terms instead imposed federal criminal liability private conspiracies commit certain enumerated actions federal crimes committed enclave subject jurisdiction support bill congressman argued congress constitutional authority legislate private action order protect secure rights national citizenship referring justice washington statement national privileges immunities corfield coryell cas cced shellabarger stated punishes individual crime banded mastering confederated violence also must directed rights privileges immunities citizen cong globe app mar debate followed radical republicans supported bill broader ground asserted fourteenth amendment altered balance national government congress permitted protect life liberty property legislating directly criminal activity beginning debate democratic opponents bill saw radical imprimatur argued exceeded congressional authority extending federal jurisdiction cover common crimes republicans moderate persuasion also refused support proposed fearing reflected radical view unlike democrats however moderate republicans agreed shellabarger congress authority reach private conduct virtue power protect rights national citizenship believed fourteenth amendment rights possessed persons regardless presence state action see cong globe app apr remarks garfield apr remarks cook monell new york city dept social services dispute within republican majority centered whether bill limited purpose instead whether usurp state authority local individual crimes although individual views among moderates differed extensive remarks representative garfield summarized position well see harris quest equality garfield believe congress power displace criminal jurisdiction view however fourteenth amendment provided citizens affirmative congressionally enforceable right equal protection laws provision shall deny equal protection laws implies shall afford equal protection cong globe app apr neglect refuse provide equal protection undoubtedly within power congress provide law punishment persons official private shall invade rights guaranteed civil war amendments violence threats intimidation shall deprive citizen fullest enjoyment ibid garfield theory fourteenth amendment right equal protection laws well rights rights national citizenship guaranteed directly people existed independently state action disagreed radicals circumstances congress step protect rights stated chief complaint laws state unequal even laws equal face yet systematic maladministration neglect refusal enforce provisions portion people denied equal protection whenever state facts clearly made believe last clause first section fourteenth amendment empowers congress step provide justice persons thus denied equal protection ibid moderates held balance power see comment construction section light original purpose chi rev amendment necessary day garfield speech shellabarger introduced new cong globe apr amendment removed list actionable crimes added civil cause action persons injured conspiracy also added critical language imposed liability persons conspire together purpose either directly indirectly depriving person class persons equal protection laws equal privileges immunities laws ibid according shellabarger object amendment confine authority law prevention deprivations shall attack equality rights american citizens violation right animus effect strike citizen end may enjoy equality rights contrasted citizens rights shall within scope remedies section essence crime consist intent deprive person equal protection laws equal privileges immunities laws words constitution secured intended secure equality rights immunities punish laws denial equality app apr senate considered house bill three days limited changes adopted april explaining scope senator edmunds expressed view included conspiracies overthrow government conspiracies impede course justice conspiracies deprive people equal protection laws whatever laws may apr senator pool expressed support remarking fourteenth amendment conferred new right every citizen right protection laws apr throughout debates republican majority agreed fourteenth amendment conferred rights including right equal protection laws directly persons rights violated private conspirators debate conditions federal government step assert jurisdiction protect rights separate constitutional question comity nature rights limiting deprivations equal protection equal privileges immunities congress avoided constitutional problems moderate republicans saw creation general federal criminal law effect language limit federal jurisdiction cases persons victims private conspiracies motivated intent interfere equal exercise enjoyment legal rights congress intend requirement state involvement either civil criminal action consistent view held several occasions reaches purely private conspiracies harris construed prohibit private conspiracy deprive certain persons equal protection removing jail force lynching section stated applies matter well state may performed duty private persons liable punishment conspiring deprive one equal protection laws enacted state cf williams plurality opinion similar conspiracy provision reaches private action collins hardyman arose political brawl two white groups complaint alleged conspiracy hinder plaintiffs equal enjoyment first amendment rights noted possible constitutional problems imposing civil liability type activity passed issue instead found alleged conspiracy one prohibited statute allegation defendants conscious trying influence law ibid collins decision thus suggested requirement state involvement virtually identical adopted today griffin breckenridge however put suggested requirement rest unanimous decision stated evolution law washed away constitutional concerns collins reason accord words statute apparent meaning expressly rejected requirement state involvement form intent interfere state officials see comment private conspiracies violate civil rights mclellan mississippi power light harv rev state involvement requirement incompatible griffin reviewed legislative history find statutory limitation broad sweep requirement racial perhaps otherwise invidiously discriminatory animus see griffin held equal protection laws equal privileges immunities language intended congress prevent statute creating general federal criminal tort law intended impose requirement actions statute properly interpreted prohibits private conspiracies designed interfere persons equal enjoyment exercise civil rights even conspiracies state involvement kind ii griffin recognized words equal protection laws equal privileges immunities limit types actionable private conspiracies involving animus initial matter intended victims must victims personal malice conspirators toward membership affiliation particular class cong globe apr remarks edmunds see apr remarks edmunds moreover class must exist independently defendants actions defined simply group victims tortious action see askew bloemker lopez arrowhead ranches aside initial rule exclusion however types classes covered statute far clear statutory language broad include wide variety denials equal protection equal enjoyment rights yet also indefinite griffin reserved question whether nonracial classes covered legislative history provides little assistance probably congressional majority little disagreement need halt conspirational klan violence far concerned constitutional authority criminalize conspiracies general statements act purpose give indication breadth remedy congress provided contrary suggestion ante congress viewed ku klux klan political organization whose violence thought premised often political viewpoints victims murder men houses difference political opinions defy laws denounce acts cong globe app mar remarks blair see apr remarks elliott moreover legislative history surveyed reveals congress recognized violence fester general opposition reconstruction policies south rendered local law enforcement authorities less likely protect rights persons affiliated way policies view congress intended provide federal remedy classes seek exercise legal rights unprotected circumstances similar victims klan violence instead contemplating list actionable class traits though congress mind functional definition scope representative garfield stated debates chief danger systematic maladministration laws neglect refusal enforce provisions app apr congress require plaintiff allege neglect part state officers enforce laws equally instead took view whenever conspiracy involved invidious animus toward class persons possibility ineffective state enforcement sufficient support federal intervention apr remarks cook view scope corroborated congressional statements concern another group subject klan violence economic migrants klan victims usually republicans congress extended protection group tenuous position south reconstruction although mainly political program see randall donald civil war reconstruction ed also attempt reorganize economic life region du bois black reconstruction america particularly irritating poorer southerners supported ku klux klan new competition labor market negroes randall donald supra moreover carpetbaggers north moved south seek fortunes well make new lives woodward reunion reaction many democratic opponents act saw act protection negroes carpetbaggers another facet reconstruction policies economic exploitation republican supporters bill also recognized economic features reconstruction however saw klan terrorism directed legitimate economic activities migrated south better representative kelley explicit interpreted klan problem essentially one southern resistance economic migrations northerners mar congress concerned economic migrants vulnerability symbols effects reconstruction policies congress answer problem klan violence problem political racial economic overtones create general federal remedy protect classes people private conspiracies aimed interfering class members equal exercise civil rights critical consideration congress perception atrocities perpetrated klan injuring persons largely political affiliation unable demand protection local law enforcement officials congress intended provide remedy class persons whose beliefs associations placed danger receiving equal protection laws local authorities certain class traits race religion sex national origin per se meet requirement traits also may implicate functional concerns particular situations iii circumstances case respondents protected fall within definition port arthur union town respondents threatened petitioners view nonunion workers encroaching area petitioners desired keep union dominated identity individuality victims irrelevant conspiracy victims attacked nonunion association conspiracy similar klan conspiracies congress desired punish enacting union town effectiveness local law enforcement protection nonunion workers open question petitioners intended hinder particular group exercise legal rights membership specific class iv griffin breckenridge reaffirmed general approach reconstruction civil rights statutes including statutes given sweep broad language quoting price years since griffin principle lost vitality see basis crabbed uninformed reading words dissent footnotes require conspirators state officials act color state law instead requirement conspiracy intend cause state person acting color state law deprive victims conspiracy constitutional rights misinterpretation language statute compounded subtle confusion statutory construction constitutional interpretation griffin breckenridge established seemingly recognizes see ante two questions separate determining scope matter statutory construction nothing current interpretations first fourteenth amendments congress view constitutional authority reach private conduct fourteenth amendment relevant interpreting reach original version provided two persons shall within limits state band conspire together act violation rights privileges immunities another person committed within place sole exclusive jurisdiction law force constitute crime either murder manslaughter mayhem robbery assault battery perjury subornation perjury criminal obstruction legal process resistance officers discharge official duty arson larceny one parties said conspiracy shall act effect object thereof parties engaged said conspiracy whether principals accessories sic shall deemed guilty felony upon conviction thereof shall liable crime shall punishable courts cong globe app mar statement shellabarger quoting sess see cong globe app mar remarks blair app mar remarks bingham app apr remarks shanks see mar remarks whitthorne mar remarks swan mar remarks arthur mar remarks archer representative farnsworth example took conservative view congress punish individuals equal protection clause prohibit unequal state legislation mar ultimately voted act apr republicans held belief congress punish individuals conspiracy intended obstruct state official duty provide equal protection laws see comment construction section light original purpose chi rev bill passed however limited either type restriction immediately following clause amendment two proposed clauses using similar equal protection language first prohibited conspiracy purpose preventing hindering constituted authorities state giving securing persons within state equal protection laws cong globe apr clause codified second clause see supra clearly requires state involvement second clause prohibited conspiracy injure person person property lawfully enforcing right person class persons equal protection laws cong globe apr amendment senate added last clause prohibition conspiracy purpose manner impeding hindering obstructing defeating due course justice state territory intent deny citizen due equal protection laws apr clause amended codified second part example representative cook opposed original version introduced similar amendments see apr remarks shellabarger stated amendment provide federal punishment assault battery committed two persons within state apr proposition maintain wherever constitution secures right citizen congress may enforce protect right one absolute test congress may legislate protect right denial state give citizen affected thereby right appeal redress care right right secured constitution either affirmative negative provision whether right secured constitution touches person citizen right may protected national laws ibid great american federal savings loan assn novotny stated remedial statute provides substantive rights congress also believed providing remedy see cong globe app mar remarks shellabarger remedy violations right equal protection believed guaranteed state private action extent language incorporated interpretation scope right strictly remedial current perspective constitutional law moreover like conspiracy statutes best viewed unique provision remedial versus substantive characterization misplaced note private conspiracies violate civil rights scope section great american federal savings loan association novotny rev novotny statements accurate unnecessary context issue case given independent significance however employs summary fashion dispose statutory construction question without real analysis issue ante although indictment valid statute found constitutional authorization criminal prohibition fourteenth amendment citing cruikshank thirteenth fifteenth amendments art notes ante griffin stated century fourteenth amendment adjudication made understandably difficult conceive might constitute deprivation equal protection laws private persons yet nothing inherent phrase requires action working deprivation come state form state action covered second clause imposes liability hindering state officer providing equal protection see nn supra today asserts griffin rejected general requirement conspiracy involve state action reject specifically requirement state involvement constitutional right implicated one state action see supra however simply ignores fact also rejected latter type requirement matter statutory construction see arrives contradictory construction imposing constitutional interpretation first fourteenth amendments statute see supra constitution poses obstacle exercise congressional power correctly recognizes congress power commerce clause ban conspiracies ante see katzenbach mcclung heart atlanta motel klan goal overthrow republican reconstruction policies terrorizing local supporters policies order place sympathetic democrats office failed supplanting authority local officials directly mob violence see comment chi although negroes frequently objects terrorism simply one symbol hated reconstruction policies according senator pool real question whether reconstruction policy congress adopted close war announced necessary future peace security nation shall carried practical effect whether shall practically nullified local violence cong globe app mar see mar remarks hoar apr remarks elliot app apr remarks morton vulnerability factor indicated representative roberts description distribution mob violence take political census lately rebellion districts mark strongly republican decidedly democratic neither find systematic assaults upon citizens districts politically doubtful scarlet human gore apr see apr remarks sen pool senator edmunds frequently quoted remark democrats vermonters catholics methodists apr quoted ante indicates classes particular circumstances geographic regions might qualify protection vulnerability representative swan viewed reconstruction simply opening south economic exploitation northerners pretext aiding negroes cong globe mar see mar remarks beck see mar remarks sheldon right persons migrate engage legitimate traffic apr remarks roberts sign vitality people apr remarks frelinghuysen constitution protects migration workers see apr remarks osborn violence harms men migrated south economic reasons senator morton echoed theme stating purpose klan violence drive republicans effectively barred northern capital immigration app apr although necessary plead ineffectiveness local law enforcement order maintain action victims port arthur incident experienced difficulty obtaining injunction state future episodes violence see tr oral arg