40) Elements of RICO were written in broad terms. To state a claim, a plaintiff must allege four elements: (1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity.[5] Each element of a RICO claim requires additional analysis: an “enterprise” is marked by association and control; a “pattern” requires a showing of “continuity”—continuous and related behavior that amounts to, or poses a threat of, continued criminal violations; and “racketeering activity” involves the violation of designated federal laws.[6] In addition, a civil RICO plaintiff must allege that it was injured in his business or property “by reason of” a violation of RICO’s substantive provisions.[7] This “by reason of” language provides the basis for the proximate cause requirement, established by the Supreme Court in Holmes and amplified in Anza and Mohawk Indus Dale Anderson and C Langstan along with the State DEQ, and City of Casper conducted an enterprise when forcing, through regulatory activity, which became a pattern of conduct. The racket of using a position of power to force others to pay more for waste disposal, so that your family makes more money, is no better than Organized Crime extorting business and families! CLAIM THREE DUE PROCESS AND EQUAL PROTECTION CLAUSES 42 U.S.C. SECTION 1983 (CLAIM A) FIRST AMENDMENT 41) When Plaintiff informed the Director that Dale Anderson was married to C Langston, prior to the permitting of a Landfill that did not meet the
I believe the five pathways for change were put here to guide us in becoming a more efficient government and to give different examples of how to go about change in America. All of the pathways are important but to me the most important is the lobbying decision makers’ pathway. “Lobbyists are said to be advocates, someone who represents a specific side of an issue. According to Thomson Gale Legal Encyclopedia, A lobbyist and a lawyer have similar attributes whereas the lobbyist targets the legislative point of view and the lawyer targets the judicial point of view. Lawyers provide facts on different perspectives on legal issues dealing with the case; And lobbyist offer local, state, and federal
2. Owen claims that a Pennsylvania state statue infringes on his "substantive due process" rights. This claim focuses on: the content of the statute
For centuries, the success of a democratic society has been measured by its commitment to equality, a resounding principle central to our nation’s founding. The Enlightenment-inspired language of the Declaration of Independence, namely the age-old axiom that “all men are created equal,” pervades our perception of the American creed. However, nearly a century passed before the Lockean principles espoused in the Declaration of Independence began to bear the force of law. Entitling American citizens to due process and equal protection of the law, the Fourteenth Amendment, perhaps the most transformative Amendment of all, has inspired the steady progression of American society. Nonetheless, while the Amendment serves as the chief legal force behind the democratic goal of equality, questions regarding its achievement of that goal
The plaintiff, Plessy was criminally liable under the separate but equal statute for using facilities designated for a different race. He was thus found guilty under the fact that the statute reasonably exercised the state police powers with regard to the state’s tradition, usage, and custom. Plessy, thus filed a petition against Justice Ferguson for writs of prohibition and certiorari in the Louisiana Supreme Court on the
Once a violation of section 1962 of RICO is established, section 1964(c) provides that “[a]ny person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including reasonable attorney’s fee.” The plaintiff must prove that the criminal conduct, either directly or indirectly, injured the plaintiff’s business or property. Further, the defendant’s violation of RICO must be the proximate cause of the injury suffered by the
Plaintiff is informed and believes and thereon alleges that each of the Defendants was the agent and employee of each of the remaining Defendants and was at all times acting within the purpose and scope of such agency and employment.
Lastly, John and Mary Doe, a married couple, filed a companion complaint, connecting their case to that of Roe’s. They were seeking declaratory and injunctive help and they made the District attorney the defendant. Both, John and Mary
“The due process revolution forged during the Warren Court years during the 1960’s by extending the major guarantees of the Bill of Rights to the states took on a life of its own”(407, O’Brien). This meant that the Warren Court did nothing but reaffirm the
Thus, the two main requirements for a § 1983 claim are (1) “state actors” and (2) “acting under the color of law.” “Color of law” has been defined by the United States Supreme Court as the "[m]isuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law." U.S. v. Classic, 313 U.S. 299, 326 (1941).
It allows for all individuals, whether they are citizens of the United States or not, to have equal opportunity within the judicial system. The due process clause in both the fifth and fourteenth amendments, limit the powers of the federal and state governments. Requiring state and federal law enforcement and judicial systems to meet certain criteria through the arrest, detainment, and trial processes, ensures that no (or limited) abuses of power can occur. Most of the rights that due process defends, guarantee reasonable, non-assumptive protections; right to a trial, counsel, to know charges of the alleged crime, to face one’s accuser, to be tried by an unbiased judge, and so on. They are highly reasonable rights that safeguard fair, uncorrupted legal procedures. In addition to upholding rights, the fourteenth amendment also contains an equal protections clause which establishes everyone’s right to due process regardless of race, socioeconomic status, or any other perceived difference that has historically been used to subordinate a specific group of
Actions are Unethical - Definition of ethical behaviour is broader than just its legality. Organizations have a broader responsibility to its stakeholders which include the surrounding communities and the environment. Government agencies are influenced by industry and do not always prioritize the interests of the public. How can any waste dumping be safe?
Another driving force behind the improper disposal of hazardous waste was the Mafia. “Organized crime controlled the solid waste disposal industry through the major trade associations, the relevant Teamster locals, and the connivance of political cronies”(Block, 1985, p.102). The Mafia has the ability to buy public officials with ease. This and their scare tactics led many EPA officials to do nothing about the illegal activities that took place. “Imagine an EPA inspector or state regulatory agent trying to deal with firms controlled by the members of the most powerful crime syndicates in the country”(Block, 1985, p.103).
WHEREAS, a dispute currently exists between the Parties as to liability, if any, and the amount of recovery, if any, to which the Plaintiffs are entitled in the Suit;
In the case of Goss v. Lopez, 419 U.S. 565 (1975), the plaintiffs Dwright Lopez, Carl Smith and Betty Crome from Columbus, Ohio were suspended from Central High School and McGuffey Junior High School for ten days without a hearing. There were nine students including Lopez, Smith and Crome came together and claimed they were innocent, they denied any misconduct and went to Southern Ohio District Court. They argued that that the school violated their Fourteenth Amendment rights to due process (hearing). The due process law is related to the Fourteenth Amendment meaning that each person has ledge rights to have a fair notice and opportunity to be heard before any processing. At the time