Figueroa

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS PURSUANT TO FED.R.CIV.PRO. 12(B)(6)

On October 4, 2000, a Motion to Dismiss was filed on behalf of twenty-three of the seventy-two named Defendants in this case. Ten of these seventy-two Defendants submitted a prior Motion to Dismiss on July 27, 2000, which this Court granted in part and denied in part on August 28, 2000. After considering the materials submitted by the parties and the case file, for similar reasons the Court once again GRANTS IN PART AND DENIES IN PART these Defendants’ Motion.

I. BACKGROUND

On April 19, 2000, Plaintiffs filed a Complaint alleging various violations of federal law stemming from the deaths of J. Figueroa and M. Guerrero. The Complaint has gone through various iterations and the operative complaint is now the Second Amended Complaint (“SAC”). Plaintiffs’ claims therein arise primarily under the Civil Rights Act of 1871 ( 42 U.S.C. § 1983 ) and the Racketeer Influenced and Corrupt Organizations Act (“RICO”) ( 18 U.S.C. § 1961 et seq.).

Plaintiffs are relatives of the decedents. See SAC ¶¶ 28-32. Defendants consist of seventy-two named individuals. Plaintiffs are suing…