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rico aond state workers

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  • Legalbear
    (just got back from out of town so may be i have npot read some posts about this) it is hard to go RICO against state workers, I disagree with this. All you
    Message 1 of 1 , Jul 7, 2003
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      (just got back from out of town so may be i have npot read some posts
      about this)
      it is hard to go RICO against state workers,


      I disagree with this.  All you need to do is have them commit the necessary predicate acts; crimes defined by federal and state statute.  For example, a state judge incarcerates a defendant that neither waived counsel, or, had assistance of counsel; such an act would violate Argersinger v. Hamblin and would mean that the judge incarcerated the individual without authority of law; which, be definition, is kidnapping; a predicate act for purposes of Federal civil RICO.  Then, all you have to show is either:  1) the judge had done that at least one other time; or, 2)  that he was likely to do that in the future; and 3) that his act in some way affected interstate commerce.  I expect you’d be able to prove the former easiest.  If you can’t prove the latter, it would be best to use your state version of civil RICO instead of the federal.  If you could prove these things, the state judge would qualify as a RICO defendant.  The list of predicate acts is long and is set forth in 18 USC 1961(1)(A&B).  As long as the list is it only requires some understanding of criminal law to recognize state officials doing daily violations.  It’s important not to forget the other elements of civil RICO; I’m thinking in particular that you have to be damaged in your property or business.


      but you can go conspiracy
      1985 (3) and color of authority.


      Naw, unless you have class or race based animus (which no one really knows what that is and the court’s haven’t defined it) you should use 42 USC 1983 for conspiracy.  You can also do both conspiracy and complicity under civil RICO.

      if you want to go against the state you have to show a pattern of the
      same thing over time and differnet workers-so they can't claim the
      workers did it together without permission of the state.


      The word for that is “systemic.”  If you have that it’s custom and policy and the government will have to pay the big bucks if it’s county or muni as a defendant.  If it’s the state itself is doing that; in which case they would be given 11th Amendment immunity with respect to damages but not declaratory or injunctive relief.  The individuals would have to pay the damages; however, the government wants people to work for them, so, they’d probably pay the damages.  So, government workers aren’t deterred from their crimes or torts because usually the government pays; not only the damages but the defense costs.  Bummer!  

      you can also show conspiracy with state workers as conspirators and if
      they claim immunity, the proof of their part of the conspiracy puts the
      whole burden on the non state conspirator to remedy the damage. if the
      state says the damage was outside the duty of the conspirators, they lose
      immunity. if htye do not say so, the state may be held responsible. this
      is under
      california law i can quote when i am awake.


      Well said.  I would have liked to see you awake so we could read the quotes.  Bear


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