Crime Control - 9th Circuit Allows Felons To Pursue RICO Claim Against Los Angeles Police

Sep 29, 2026

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A legal news summary reports on a 9th Circuit decision permitting felons to proceed with racketeering-related lawsuits against many Los Angeles officials and police tied to the Police Department’s Rampart anti-gang unit. The article explains how the court reversed lower dismissals, held that the plaintiffs can establish standing for alleged damages, and allowed RICO trials for treble monetary damages. It also notes Supreme Court action denying certiorari and continuing federal oversight following the Rampart scandal.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages9

Reading Time23 min

AccessFree to download

Crime Control

9th Circuit Allows Felons To Pursue RICO Claim Against Los Angeles Police

Officer Isn't Required To Save Life Of Suspect

April 28,2006 Volume 40,Number 16 IN THIS ISSUE 9th Circuit Decides Officer Doesn'tHave To Provide CPR Treatment.2lst Circuit Says Officer's TestimonyOn Wiretap Isn't Prejudicial……25th Circuit Orders Deputy To TakeMental Exam For Use Of Force..38th Circuit Allows CircumstantialEvidence To Show Conspiracy….310th Circuit Says Denial Of CrimeDoesn't Invalidate Warrant………310th Circuit Upholds ProlongedStop If Consent Is Voluntary………411th Circuit Finds Police InformantCan't Be Part Of A Conspiracy..….4Supreme Court Says Drug UseDoesn't Rise To Career Of Crime 5 NATIONAL New Jersey Adopts Policy ToPrevent Trooper Hazing…………5Anti-Violence Project Cuts StreetCrime,Murder In Connecticut……6North Carolina Counsels FamilyViolence Victims On Gun Use…6Michigan Community AdvancesTelecommunications Network……6 ACROSS THE STATES Ala:U.S.Highway Grants ProvideFunds For State Police Patrols……7 N.M:Volunteers Monitor Border7 N.C.:Governor Selects 15 CountiesFor Drive Against Gang.…………7Ohio:Senate Okays Sex OffenderBills;One Goes To Governor……7 # Crime Control A comprehensive and independent news summary for the Law Enforcement Professional # 9th Circuit Allows Felons To PursueRICO Claim Against Los Angeles Police The 9th Circuit Court of Appealshas allowed a second felon to pursue a racketeering lawsuit against hun- dreds of Los Angeles officials andpolice in connection with violationsof the Police Department's Rampartsanti-gang unit. Although Louis Guerrero pleadedguilty to possession of narcotics in1995 and 1997,the 9th circuit al-lowed him to pursue the same courseas David Diaz who was convicted ofattempted murder and maliciousmayhem with a weapon. Both Guerrero and Diaz allegeRampart officers illegally plantedevidence. The appellate circuit in at leasttwo rulings since August has clearedthe way for RICO trials against for-mer Los Angeles Police Chiefs Dar-ryl Gates and Bermard Parks,andmore than 200 officers and officials. While the 9th Circuit hasn't ruledon the merit of the felons'allegations,the decisions reverse district courtjudges and allow the felons to pursuetheir claims for treble monetary dam-ages in district courts. The Supreme Court in Februarydenied certiorari and let stand the 9thCircuit order remanding the Diazlawsuit to the District Court for a trialon the issues. False arrests,excessive force andunreasonable searches and seizures were the causes of the Rampartsscandal that led to a federal consentdecree in June 2001.A federal moni-tor is continuing to oversee the LosAngeles Police Department. The 9th circuit has decided thefelons have standing to go to trial onthe alleged grounds that police in theLos Angeles anti-gang unit violatedthe Racketeer Influenced and CorruptOrganizations Act(RICO). The 9th circuit agreed with thefelons'arguments that they were un-able to work and to earm incomewhile incarcerated,and,thus,sus-tained “damages”compatible withprotections to victims that RICO af-fords. "The harms he alleges amount tointentional interference with contractand interference with prospectivebusiness relations,both of which areestablished torts under Califormialaw,"the 9th circuit panel said inDiaz “And his claimed financial loss?He could not fulfill his employmentcontract or pursue valuable employ-ment opportunities because he was injail.” In a concurring opinion,CircuitJudge Stephen Reinhardt said RICO “has been stretched both in scope andmeaning far beyond that which Con-gress originally intended and has be-come,through judicial construction,awide ranging act that provides trebledamages for all kinds of conduct un-related to the racketeering activitythat Congress sought to control." The appellate panel dismissedmost of Guerrero's claims under fed-eral habeas corpus law that alleged“bad behavior”among Los Angelesofficials in connection with Guer-rero's arrests,prosecutions and incar-ceration. "Guerrero's complaint mirrorsthat of the complaint in Diaz,"saidthe 9th circuit.“..

FAQs

Did the Supreme Court overturn the 9th Circuit’s decision?

No. The Supreme Court in February denied certiorari, leaving the 9th Circuit’s remand to the district court for trial on the issues intact.

Sep 29, 2026

Upload by Damian