Loomer

Loomer v. Zuckerberg

Good Law
United States Court of Appeals for the Ninth CircuitMarch 27, 202523-3158California1,041 words

Opinion

Opinion

facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v.

Twombly, 550 U.S. 544, 570 (2007). We affirm.

Loomer alleges two claims against the Defendants: a substantive civil RICO

violation and a RICO conspiracy violation. Loomer alleges that all Defendants are

2 part of the “Community Media Enterprise,” a “wide-ranging conspiracy . . . to

unlawfully censor conservative voices and interfere with American elections.”

I

The district court correctly concluded that Loomer failed to state plausible

RICO claims.

A

A substantive civil RICO claim has five elements: “(1) conduct (2) of an

enterprise (3) through a pattern (4) of racketeering activity (known as ‘predicate

acts’) (5) causing injury to the plaintiff’s ‘business or property.’” Grimmett v.

Brown, 75 F.3d 506, 510 (9th Cir. 1996) (citing 18 U.S.C. §§ 1964(c), 1962(c)).

1 This action is Loomer’s fourth lawsuit about this alleged conspiracy. See Freedom Watch, Inc. v. Google, Inc., 368 F. Supp. 3d 30, 34 (D.D.C. 2019) (explaining that Loomer and a nonprofit claimed that Facebook, Twitter, and other technology companies have “work[ed] together to ‘intentionally and willfully suppress…

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