Salka Barca, et al. v. Mustapha Adib

Summary

The United States District Court for the District of Maryland denied Plaintiffs Salka Barca and Najat Allili’s emergency motion for injunctive relief against Mustapha Adib. The court held that Plaintiffs were unlikely to succeed on their claims under the federal cyberstalking statute and civil RICO because the cyberstalking statute provides no private right of action and the complaint did not allege a RICO enterprise or racketeering activity. The court also granted Plaintiffs’ motion to seal an affidavit.

Holdings

1. Plaintiffs were not entitled to a temporary restraining order or preliminary injunction because they failed to establish a likelihood of success on the merits, an essential element of preliminary injunctive relief.
2. Section 2261A does not provide a private right of action for civil litigants; therefore, plaintiffs could not establish a likelihood of success on their cyberstalking claim under that statute.
3. Plaintiffs failed to plead a viable civil RICO claim because they alleged neither a RICO enterprise nor any racketeering activity, and therefore could not establish a likelihood of success on the civil RICO claim.

Questions Presented

1. Whether plaintiffs were entitled to a temporary restraining order or preliminary injunction.
2. Whether plaintiffs demonstrated a likelihood of success on their claim under the cyberstalking provisions of the Violence Against Women Act, 18 U.S.C. § 2261A.
3. Whether plaintiffs demonstrated a likelihood of success on their civil RICO claim under 18 U.S.C. § 1962(c).

Disposition

other