Civil Conspiracy

A civil conspiracy, in Florida, consists of the following elements: “(a) a conspiracy between two or more parties, (b) to do an unlawful act or to do a lawful act by unlawful means, (c) the doing of some overt act in pursuance of the conspiracy, and (d) damage to plaintiff as a result of the acts performed pursuant to the conspiracy.” — Walters v. Blankenship, 931 So.2d 137, 140 (Fla. 5th DCA 2006).

Generally an actionable conspiracy requires an actionable underlying tort or wrong. See Florida Fern Growers Ass’n, Inc.; Wright v. Yurko, 446 So.2d 1162 (Fla. 5th DCA 1984). However, an alternative basis for a civil conspiracy claim exists where the plaintiff can show some “peculiar power of coercion” possessed by the conspirators by virtue of their combination, which an individual acting alone does not possess. See Churruca v. Miami Jai-Alai, Inc., 353 So.2d 547 (Fla.1977) (jai-alai players stated claim for conspiracy against jai-alai fronton owners who allegedly conspired to prevent players from getting jobs in arenas after a players strike); Snipes v. West Flagler Kennel Club, Inc., 105 So.2d 164 (Fla.1958) (claim for conspiracy was stated against five kennel club owners who refused the plaintiff greyhound racer privileges at their tracks and used intimidation to drive the plaintiff out of business); Margolin v. Morton F. Plant Hospital Ass’n, Inc., 342 So.2d 1090 (Fla. 2d DCA 1977) (physician stated a claim for conspiracy against a group of anesthesiologists who refused to provide their services to plaintiff’s patients, depriving him of his hospital privileges, and thereby driving him out of his practice).

Please keep in mind that the above information is being provided for informational purposes only. It is not designed to be complete in all material respects. Moreover, civil conspiracy claims are fact specific. Consequently, if the reader believes that it he or she has been injured as a result of the wrongful acts of two or more other parties, you may have a claim for civil conspiracy.

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