AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
RICO
Arrestee who claimed
that deputies shot him numerous times in an attempt to murder him failed
to allege a pattern of racketeering activity as required for a claim under
the Racketeer Influenced and Corrupt Organizations (RICO) Act, 18 U.S.C.
Sec. 1961, et seq., when all of the acts he claimed had occurred arose
from the single incident. Curry v. Baca, No. CV 04-9992, 2007 U.S. Dist.
Lexis 56817 (C.D. Cal.).
An arrestee who
was convicted of coercion in the first degree and his wife claimed that
various governmental officials, and the wife's father and brother "set
up" the arrestee as part of a scheme to protect the father and brother
from criminal responsibility for sexually abusing the wife, and that the
arrestee only pled guilty to the charges against him because of duress.
They claimed that the defendants engaged in witness intimidation and extortion
and that their conduct violated provisions of the Racketeer Influenced
and Corrupt Organizations Act (RICO), 18 U.S.C.S. §§ 1961-1968,
and caused the cancellation of the arrestee's infomerical contract. The
federal trial court held that the plaintiff arrestee could not use the
RICO statute to challenge the validity of a conviction that had not
been overturned, and that the wife did not show that she suffered any injury
to her own property or business as a result of the defendants' alleged
conduct. The arrestee also failed to show that the alleged RICO violations,
including actions of witness intimidation and a parking ticket extortion
scheme, caused the damage to his economic interests in the infomercial
contract, and therefore also could not pursue a RICO claim. The lawsuit
was dismissed. Moore v. Guesno, No. 05-CV-6178, 2007 U.S. Dist. Lexis 34406
(W.D.N.Y.).
Acquitted murder suspect's allegation that
Chicago police detectives conspired to frame him and several others for
a murder they did not commit did not constitute a valid civil RICO claim
despite the scheme purportedly involving multiple criminal acts, over a
period of years, and targeting multiple victims, when there was no indication
that the detectives engaged in any misconduct before or after the alleged
scheme, or threatened to do so in the future. Under these circumstances,
there was no "pattern" of racketeering activity. Gamboa v. Velez,
No. 05-1690, 2006 U.S. App. Lexis 20493 (7th Cir.). [2006 LR Oct]
Business owners failed to assert a valid
claim against the city and its officials and employees, including the police
chief, under the Racketeer Influenced and Corrupt Organizations Act (RICO),
18 U.S.C. Sec. 1961, or under 42 U.S.C. Sec. 1983, by stating that they
engaged in wire and mail fraud. The plaintiffs failed to provide sufficient
specifics of the defendants' actions and only provided general conclusory
statements that they were deprived of federally protected rights. Leeds
v. City of Muldraugh, Meade County, Kentucky, No. 04-6495, 174 Fed. Appx.
251 (6th Cir. 2006). [N/R]
Officers had probable cause to stop motorist's
vehicle under the Fourth Amendment when it was missing a required front
license plate. An officer's subsequent impounding of the vehicle was not
"extortion" or any other "racketeering" offense required
to support the motorist's subsequent claim under the Racketeer Influenced
and Corrupt Organizations Act (RICO), 18 U.S.C. Sec. 1951(b)(2), since
there was legal authority for his actions. Further, the court rules that
the city, as an entity, was not legally capable of "malicious intent"
required to support a civil RICO action against it under 18 U.S.C. Sec.
1961 et seq. Banks v. Department of Motor Vehicles, No. CV 05-2037, 419
F. Supp. 2d 1186 (C.D. Cal. 2006). [N/R]
Purported police harassment of witness who
claimed to have witnessed two police officers murdering a woman was an
insufficient basis for a civil RICO claim. The plaintiff's alleged loss
of employment income because of false arrest and malicious prosecution,
and his expenses for attorneys' fees to defend himself were not an injury
to "business or property" as required for standing to bring a
RICO lawsuit. Federal appeals court also upholds dismissal of plaintiff's
First Amendment civil rights claim and state law claims as untimely. Evans
v. City of Chicago, No. 03-3844, 2006 U.S. App. Lexis 264 (7th Cir.). [2006
LR Feb]
Federal appeals court finds that arrestee
could pursue a claim under RICO against the Los Angeles Police Department
and its personnel for alleged economic losses, including loss of employment
or employment opportunities, stemming from his purportedly "unjust
incarceration" on charges he claims were based on evidence fabricated
against him. Diaz v. Gates, No. 02-56818, 420 F.3d 897 (9th Cir. 2005).
[2005 LR Nov]
Towing service operator failed to show that
new sheriff modified his towing area in retaliation for his support of
another candidate for sheriff, or that the sheriff and his undersheriff
engaged in a pattern of racketeering activity in violation of RICO in connection
with maintenance of a list of favored tow service operators. Roger Whitmore's
Auto. Serv. v. Del Re, #04-1978, 2005 U.S. App. Lexis 20296 (7th Cir.).
[2005 LR Nov]
Village itself could not form criminal
intent required for a claim under the Racketeer Influenced & Corrupt
Organizations Act (RICO), 18 U.S.C. Sec. 1961, et seq. Village constables,
in allegedly violating a state statute prohibiting offering false instruments
for filing by writing traffic tickets without authority to do so, did not
constitute predicate criminal acts for purposes of a RICO civil claim because
they were not punishable by imprisonment for more than one year. Claim
that village officials mailed notices regarding the allegedly invalid traffic
citations, however, could constitute acts of mail fraud as part of an alleged
scheme to enforce tickets. Brewer v. Village of Old Field, 311 F. Supp.
2d 390 (E.D.N.Y. 2004). [N/R]
Insurer had an obligation, under law enforcement
liability policy, to defend and indemnify village in class action lawsuit
claiming that it had violated the Racketeer Influenced & Corrupt Organizations
Act (RICO), 18 U.S.C. Sec. 1961 et seq. by allowing its constables to issue
traffic tickets without authority to do so, despite dispute over whether
village constables had law enforcement duties. Brewer v. Village of Old
Field, 311 F. Supp. 2d 382 (E.D.N.Y. 2004). [N/R]
Losses that individual allegedly incurred as a
result of wrongful incarceration on narcotics charges, including loss of
employment and wages, were "personal injuries," rather than injuries
to the plaintiff's business or property, so that he was not able to bring
a lawsuit under the Racketeer Influenced and Corrupt Organizations Act
(RICO), 18 U.S.C. Sec. 1964(c) against city officials and police officers
who allegedly conspired to falsely arrest and maliciously prosecute him.
Guerrero v. Gates, #02-56017, 357 F.3d 911 (9th Cir. 2004). [N/R]
The alleged damage to an arrestee's ability
to earn a living that stemmed from a purportedly false charge and false
conviction for assault with a deadly weapon did not qualify as an injury
to "business or property" as required to establish a claim for
damages against a police officer under the Racketeer Influenced and Corrupt
Organizations Act (RICO), 18 U.S.C. Sec. 1961, et seq. Diaz v. Gates, #02-56818,
354 F.3d 1169 (9th Cir. 2004). [N/R]
Municipalities could not have the required
"criminal intent" needed to show a "pattern of racketeering
activity" under the Racketeer Influenced and Corrupt Organizations
Act (RICO), 18 U.S.C. Sec. 1961, et seq., and a plaintiff traffic flagging
service failed to show commission of predicate criminal acts by police
union presidents, so court orders dismissal of RICO lawsuit against municipalities
and presidents claiming that plaintiff lost contracts because of ordinances
giving law enforcement officers the exclusive right or right of first refusal
on contracts to provide traffic control services. Interstate Flagging,
Inc. v. Town of Darien, 283 F. Supp. 2d 641 (D. Conn. 2003). [N/R]
334:157 Federal trial judge rules
that plaintiff in lawsuit against Los Angeles police officers, claiming
that they planted evidence to frame him for a drug offense, could pursue
racketeering (RICO) claims against the defendants, as well as seek injunctive
relief against future similar misconduct. Guerrero v. Gates, #CV 00-7165
WJR(CTx), 110 F.Supp. 2d 1287 (C.D. Cal. 2000).
Federal court rules that a city cannot be
held liable, either directly or vicariously, under RICO statute Biondolillo
v. City of Sunrise, 736 F.Supp. 258 (S.D.Fla 1990).
Subway passengers alleging wrongful arrests
by transit police seeking to obtain job promotions stated civil RICO claim
Yeadon v. NYC Transit Authority, 719 F.Supp. 204 (S.D.NY, 1989).