Civil Conspiracy
Over the past several years, European activists blocked traffic, glued themselves to runways, and smeared paint on art exhibits to gain attention about various causes. Recently, similar acts have been committed in Colorado and elsewhere in the United States. I have often wondered why some enterprising lawyers have not raised the issue of civil conspiracy.
Colorado civil conspiracy requires two or more persons, an object to be accomplished, a meeting of the minds on the object or course of action, one or more unlawful overt acts, and damages as the proximate result. The tough element to prove is usually the overt, unlawful act. This is where many civil conspiracy claims fail.
A dozen or so protesters camped in the middle of a highway looks like the posterchild for a civil conspiracy claim. The act is a violation of the law. A dozen or so people all holding the same sign or chanting the same chant. A mile-long line of motorists late for work, school, and the hospital. I would imagine all supported by numerous emails, DMs, and social media posts. The dozen or so protesters could be the figurative tip of the iceberg.
Conspiracy comes in two forms. Civil and criminal. Two activists in Washington D.C. found out firsthand what criminal conspiracy is all about. These two activists allegedly threw paint on a museum statue, sat down in front of their handywork, and posed for photos. The U.S. Attorney General charged them with criminal conspiracy. They face up to 5 years in prison and up to $250,000 in fines.
We now know the federal government’s threshold for bringing criminal conspiracy charges. Defacing art in a federal museum. What about all the other unlawful acts of protest gone unaddressed? Are civil conspiracy claims brought by damaged citizens the answer?
A very wise plaintiff’s lawyer taught me that there are four elements to a successful case, and rarely do you have all four elements at the same time. Duty, breach, caused harm, and … the ability to pay. If defendants can’t pay, you have nothing. Lawsuits are expensive. Contingent fee lawyers look for six figure payouts to make it worth the effort. Maybe that is, if you will excuse the pun, the roadblock. There is also the matter of locating and serving the offenders.
Regardless, when I pull up videos of groups protesting various causes by unlawful acts, I wonder when some enterprising lawyers will put a pencil to the damages, find the deep pocket, and file a case. Could be interesting.