777 F.2d 496 (9th Cir. 1985), 84-2786, Miller v. Glen & Helen Aircraft, Inc.

Docket Nº:84-2786, 85-1689.
Citation:777 F.2d 496
Party Name:RICO Bus.Disp.Guide 6110 Daniel E. MILLER, Plaintiff-Appellant, v. GLEN & HELEN AIRCRAFT, INC., dba G & H Aircraft; Glen F. Nickerman, an individual, Howard C. Sauter Professional Investigations, Inc., an organization, Defendants, and Howard Sauter, Defendant-Appellee.
Case Date:November 29, 1985
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
FREE EXCERPT

Page 496

777 F.2d 496 (9th Cir. 1985)

RICO Bus.Disp.Guide 6110

Daniel E. MILLER, Plaintiff-Appellant,

v.

GLEN & HELEN AIRCRAFT, INC., dba G & H Aircraft; Glen F.

Nickerman, an individual, Howard C. Sauter

Professional Investigations, Inc., an

organization, Defendants,

and

Howard Sauter, Defendant-Appellee.

Nos. 84-2786, 85-1689.

United States Court of Appeals, Ninth Circuit

November 29, 1985

Argued and Submitted Oct. 8, 1985.

Page 497

Francis C. Pizzulli, Santa Monica, Cal., for plaintiff-appellant.

Scott E. Boehm, Ralph A. Mahowald, Jr., O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz., for defendant-appellee.

Appeal from the United States District Court for the District of Arizona.

Before GOODWIN, ALARCON and POOLE, Circuit Judges.

POOLE, Circuit Judge:

Daniel Miller appeals the dismissal with prejudice of his section 1985(2) and civil RICO claims against Howard Sauter. The district court held that Miller lacked standing to bring a claim under 42 U.S.C. Sec. 1985(2) (1982) and that his complaint failed to state a claim under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. Sec. 1964(c) (1982), because it did not allege a distinct "racketeering injury" and also failed to demonstrate a causal connection between Sauter's alleged racketeering activities and Miller's claimed injuries. We reverse.

I.

Miller's first amended complaint sought damages under 42 U.S.C. Sec. 1985(2) (1982) from Sauter for conspiracy to intimidate potential witnesses from testifying freely, fully, and truthfully in an earlier federal lawsuit brought by Miller against Glen & Helen Aircraft ("G & H Aircraft") for personal injuries suffered in an airplane crash. Sauter, a private investigator, was hired by G & H Aircraft's attorney to assist in preparing a defense.

In another count, Miller sought treble damages and attorney fees under RICO, 18 U.S.C. Sec. 1964(c) (1982), based on alleged predicate acts stemming from the earlier federal lawsuit of influencing a witness, Ariz.Rev.Stat.Ann. Sec. 13-2802(A)(1) (1978), bribery of a witness, 18 U.S.C. Sec. 201 (1982), wire fraud, 18 U.S.C. Sec. 1343 (1982), and obstruction of justice, 18 U.S.C. Sec. 1503 (1982). The complaint also included a pendent Arizona state racketeering claim. Ariz.Rev.Stat.Ann. Sec. 13-2314 (1978).

...

To continue reading

FREE SIGN UP