Antoinette Marquez v. Amber Baker-Chavez, et al.

Summary

The United States District Court for the District of New Mexico grants in part the All Faiths Defendants’ motion to dismiss claims arising from state-court child custody proceedings. The court dismisses with prejudice the plaintiff’s RICO and 42 U.S.C. § 1986 claims and dismisses without prejudice the state-law claims after declining supplemental jurisdiction. The order concerns claims asserted against All Faiths Children’s Advocacy Center and associated therapists and supervisors.

Holdings

1. The Fifth Amended Complaint failed to state plausible civil RICO claims against the All Faiths Defendants because it did not plausibly allege a RICO enterprise or that the defendants conducted or participated in the enterprise's affairs through a pattern of racketeering activity. The RICO claims were dismissed with prejudice.
2. The § 1986 claim failed because § 1986 liability requires a viable underlying conspiracy under § 1985, and Plaintiff did not allege nonconclusory facts establishing a § 1985 conspiracy or the required racial or otherwise class-based discriminatory animus. The § 1986 claim was dismissed with prejudice.
3. After dismissing all federal claims against the All Faiths Defendants, the court declined to exercise supplemental jurisdiction over the remaining state-law claims and dismissed those claims without prejudice.

Questions Presented

1. Whether the Fifth Amended Complaint plausibly stated civil RICO claims against the All Faiths Defendants.
2. Whether the Fifth Amended Complaint stated a claim under 42 U.S.C. § 1986, which depends on a viable conspiracy under 42 U.S.C. § 1985.
3. Whether the court should exercise supplemental jurisdiction over the remaining state-law claims after dismissing the federal claims.

Disposition

other