The Reverend Father John P. O'Malley, O.S.A., Individually, and James A. Nesbitt, Individually v. The Reverend Father Patrick H. O'Neill, O.S.A.

Summary

The Eleventh Circuit affirmed dismissal of the plaintiffs' civil RICO claims arising from their termination by St. Thomas University officials. The court held that the alleged loss of employment was not proximately caused by the predicate acts of mail fraud and that the plaintiffs were not the targets or victims of that fraud. It also held that the RICO conspiracy allegations were conclusory and insufficiently supported by factual allegations.

Holdings

1. Plaintiffs lacked standing under 18 U.S.C. § 1964(c) because their termination was caused by O'Neill's decision to fire them for refusing to participate in or conceal the alleged scheme, not directly by the predicate acts of mail fraud. The alleged injury therefore did not satisfy RICO's proximate-causation requirement, and plaintiffs were not the targets or victims of the alleged mail fraud.
2. The RICO conspiracy claim was properly dismissed because the complaint and RICO Case Statement alleged at most that some defendants knew of O'Neill's activities and did not allege facts showing that they were willing participants in a conspiracy.

Questions Presented

1. Whether plaintiffs had standing to seek civil RICO damages under 18 U.S.C. § 1964(c) for employment losses allegedly resulting from their refusal to participate in or conceal mail fraud.
2. Whether the complaint and RICO Case Statement adequately alleged a RICO conspiracy under 18 U.S.C. § 1962(d).

Disposition

affirmed