Slaney v. Int'l Amateur Athletic Fed'n

Decision Date27 March 2001
Docket NumberDEFENDANTS-APPELLEES,No. 99-4146,PLAINTIFF-APPELLANT,99-4146
Citation244 F.3d 580
Parties(7th Cir. 2001) MARY DECKER SLANEY,, v. THE INTERNATIONAL AMATEUR ATHLETIC FEDERATION AND THE UNITED STATES OLYMPIC COMMITTEE,
CourtU.S. Court of Appeals — Seventh Circuit

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. IP-99-0502-C-D/F--S. Hugh Dillin, Judge. [Copyrighted Material Omitted]

[Copyrighted Material Omitted]

[Copyrighted Material Omitted]

[Copyrighted Material Omitted] James E. Coleman, Jr. (argued), Durham, NC, for Plaintiff-Appellant.

Eugene D. Gulland (argued), Covington & Burling, Washington, DC, William C. Barnard, Sommer & Barnard, Indianapolis, IN, for Defendant-Appellee International Amateur Athletic Federation.

R.D. Zink, Henderson, Daily, Withrow & Devoe, Indianapolis, IN, Richard R. Young, Brent E. Rychener (argued), Holme Roberts & Owen, Colorado Springs, CO, for Defendant-Appellee United States Olympic Committee.

Before Flaum, Chief Judge, and Posner and Ripple, Circuit Judges.

Flaum, Chief Judge

Former Olympic runner Mary Decker Slaney ("Slaney") brought suit against the International Amateur Athletic Federation ("IAAF") and the United States Olympic Committee ("USOC") shortly after an IAAF arbitration panel determined that Slaney had committed a doping offense. Slaney's complaint raised a litany of state-law claims which the district court determined it lacked subject matter jurisdiction over because of the applicability of The New York Convention and the Amateur Sports Act. Additionally, the complaint alleged violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), which the district court dismissed pursuant to Fed.R.Civ.P. 12(b)(6). Slaney now appeals the district court's decision, arguing that: (1) the New York Convention does not bar adjudication of her claims against the IAAF, (2) the Amateur Sports Act does not preempt all state-law claims by a participating athlete against the USOC, and (3) her complaint adequately alleges RICO violations. For the reasons stated herein, we affirm the decision of the district court.

I. BACKGROUND

In the course of her storied career, middle-distance runner Mary Decker Slaney has captured a multitude of United States and world records. She is considered by many to be one of the most celebrated female athletes of the past century, as well as one of the greatest runners of all-time. While Slaney began running in 1969, it was not until fifteen years later that she received international attention. At the 1984 Los Angeles Games, Slaney was considered a favorite to medal in the 3000 meters competition. While the world watched on, half-way through the race, Slaney began jostling for position with Zola Budd, a South African born, barefooted runner. When the pair became entangled, Slaney was tripped up by Budd. Slaney tumbled onto the infield, injuring her hip. As she crashed to the infield, any chance for an Olympic medal came crashing down with her. To this day, an indelible picture of Slaney, fallen on the side of the track and writhing in pain, remains in the minds of many who witnessed the event.

Slaney rebounded from her Olympic defeat and continued to compete, overcoming countless injuries. In June of 1996, she competed in the 5000 and 1500 meter races in the national trials for the Atlanta Olympics. Following her 5000 meter race, Slaney provided the USOC1 with a urine sample which was tested for prohibited substances including exogenous testosterone.

Because current technology cannot detect the presence of prohibited testosterone in the body, testing programs measure the ratio of testosterone to epitestosterone ("T/E") in the body. This test, referred to as the T/E test, assumes that an ordinary T/E ratio in humans is one to one, and thus any ratio of above six to one is consistent with "blood doping." The ratio was established at six to one in order to account for non-doping factors that might cause elevated ratios in female athletes. Factors which may influence T/E ratio include an individual changing birth control pills, age, menstrual cycle, bacterial contamination of the urine sample, and alcohol use.

Slaney's test was conducted at the University of California at Los Angeles ("UCLA") Laboratory. The test revealed that Slaney's T/E ratio was elevated significantly beyond the permitted six to one ratio.2 The laboratory notified both the USOC and the IAAF3 of its findings. According to Slaney, the USOC informed United States of America Track and Field, Inc. ("USATF")4 of its mandatory duty to investigate whether Slaney's specimen should be declared positive for testosterone. However, it appears that the USATF played no such role, as the actual investigation was conducted by the IAAF. The IAAF's investigating doctor analyzed Slaney's samples, her past test results, and two additional samples. Slaney claimed that her elevated level was the result of (1) her menstrual cycle, and (2) her changing of birth control pills. Furthermore, Slaney posited that there was no scientific validity to the hypothesis that a T/E ratio above six to one was not normal for female athletes. Nonetheless, on February 5, 1997, the IAAF adopted the investigating doctor's recommendation and found Slaney's specimen positive for the prohibited substance testosterone.

As a result of the IAAF's decision, IAAF and USOC rules required the USATF to hold a hearing to determine whether Slaney had committed a doping offense. Slaney asked the USATF Custodial Board to dismiss her case, and also filed a complaint with the USOC under its rules. The USOC complaint alleged that the USATF proceedings against her violated the Amateur Sports Act as well as the USOC Constitution and By-Laws. Specifically, the complaint alleged that the use of the T/E test on female athletes had not been scientifically validated, that the test discriminated against women by shifting the burden to an athlete to prove by clear and convincing evidence that she was innocent, and that the IAAF had failed to conduct a proper investigation.

Concerned with the dilatory nature of the USOC and the USATF proceedings, on June 10, 1997, the IAAF suspended Slaney on an interim basis. The suspension occurred just prior to the National Track and Field Championships in Indianapolis. Furthermore, the IAAF ensured compliance with the suspension by invoking its contamination rule, whereby anyone who competed with a suspended athlete (in this instance Slaney) would themselves be suspended. The IAAF's actions prompted the USATF Custodial Board to suspend Slaney pending a hearing before the USATF Doping Hearing Board, effectively mooting her motion to dismiss the case against her.

Slaney received her hearing before the USATF Doping Hearing Board on September 14, 1997. The Hearing Board, unpersuaded by the testimony of the IAAF's investigating doctor, unanimously determined that no doping violation had occurred. Satisfied with the USATF Hearing Board's finding that the IAAF's rules regarding the use of the T/E ratio test were vague and inconsistent and the six to one ratio was not scientifically proven to be inconsistent with the normal ratio in humans, Slaney withdrew her complaint with the USOC.

The IAAF was unsatisfied with the USATF Hearing Board's findings, and invoked arbitration of the USATF's decision.5 Slaney and the USATF opposed arbitration, but both were represented before the IAAF Arbitral Panel ("the Tribunal"). In late January 1999, the Tribunal issued an interlocutory decision upholding the IAAF's interpretation of how to adjudicate a testosterone doping offense, and found that the rules were neither vague nor inconsistent. Thus, once the IAAF showed that Slaney had a T/E ratio greater than six to one, Slaney had to come forth and show by clear and convincing evidence that the elevated ratio was attributable to a pathological or physiological condition. Believing that it was scientifically impossible to prove by clear and convincing evidence that her high T/E ratio was due to pathological or physiological factors, Slaney withdrew from the arbitration, followed by the USATF. Ultimately, the Tribunal ruled that Slaney had committed a doping offense.

Slaney filed suit in the District Court for the Southern District of Indiana raising numerous state-law contract and tort claims against both the IAAF and the USOC. Slaney also alleged that the organizations had violated the RICO Act, 18 U.S.C. sec. 1961 et seq. On November 5, 1999, the district court entered a judgment and order dismissing Slaney's state-law claims against the IAAF and USOC pursuant to Fed.R.Civ.P. 12(b)(1), and dismissing Slaney's 18 U.S.C. sec.sec. 1962(c) and (d) claims pursuant to Fed.R.Civ.P. 12(b)(6). Specifically, the district court held that the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 9 U.S.C. sec. 201 ("New York Convention"), barred Slaney's claims against the IAAF, as those claims had been the subject of a valid arbitration decision. With regard to Slaney's claims against the USOC, the court held that the Amateur Sports Act, 36 U.S.C. sec. 220501 et seq., gives the USOC the exclusive right to determine disputes over eligibility and does not create a private right of action. Finally, while the court held a RICO claim could theoretically be maintained against the USOC, Slaney's complaint did not "come close to fitting the family of claims Congress intended the RICO statute to cover," nor did it adequately allege a violation of the RICO conspiracy provision.

Slaney now appeals the decision of the district court. She contends that (1) the New York Convention does not bar her claims against the IAAF, (2) the Amateur Sports Act does not preempt all state-law claims made by an athlete against the USOC, and (3) her complaint adequately alleges a RICO claim...

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