As additional evidence of Mr. Toth's participation in the alleged conspiracy, Mr. Williams introduced the deposition testimony of Alan Lieb, an acquaintance and political supporter of Mr. Toth. Lieb stated that he had called Mr. Toth and said, “Chris, [ ] I can't believe you're involved with this case.... I'd like to see what I can do, if there's anything I can do to get you out of this.” R.75, Ex. Alan Lieb Dep. at 59. To which Mr. Toth responded, “There's nothing you can do. I'm right in the middle of it.”
Id. Lieb testified that Mr. Toth told him a number of people had called him to complain about Mr. Williams' comment in the media.
See id. at 60. Lieb also stated that Mr. Toth indicated that he was “involved in the termination of employment.”
Id. at 66–68. However, Lieb had trouble remembering Mr. Toth's exact words. When initially asked whether the “involvement” could have been simply a complaint to Sheriff Seniff, Lieb responded, “No, not when there's a termination involved, no. No. Absolutely not.”
Id. at 66. However, Lieb ultimately admitted that the level of involvement “very possibl[y]” could have referred only to Mr. Toth's call to Sheriff Seniff to complain about Mr. Williams' comment.
Id. at 67–68. Additionally, Lieb admitted that Mr. Toth did not elaborate on the level of his “involvement.”
Id. at 68. This vacillating testimony only confirms that Mr. Toth was involved in the events surrounding Mr. Williams' termination, and Mr. Toth readily admitted that he had complained to Sheriff Seniff about Mr. Williams' statement. We cannot say, however, that this testimony constitutes evidence from which a conspiracy may be inferred. Accordingly, the district court's grant of summary judgment in favor of Mr. Lauck and Mr. Toth on all
§ 1985 claims and on all
§ 1983 claims based on participation in a conspiracy was appropriate.