Steele

Steele v. Hospital Corp. of America

Good Law
36 F.3d 69·1994 WL 506980
United States Court of Appeals for the Ninth CircuitSeptember 19, 1994No. 92-17035California1,102 words

Opinion

Lead Opinion

Wallace, J.

Four former patients of an adolescent psychiatric care unit and their parents (patients) brought suit under the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO), 18 U.S.C. § 1961-1968 , against Dr. Stuart Wyckoff, director of the adolescent care unit at Truckee Meadows Hospital (hospital), General Health Services, Inc., Health Services Acquisition Corp., and Hospital Corporation of America. Patients claimed that Wyckoff and the hospital had conspired to bill insurance companies for services that were not provided or were inappropriate. The complaint also asserted pendent claims under Nevada law, including a claim under the Nevada RICO statute, and claims for false imprisonment, common law fraud, and breach of contract.

On motions for summary judgment, the district court ruled against the patients on the state and federal RICO claims, holding that.they did not have standing under RICO. The remaining pendent claims were dismissed without prejudice. The patients appealed. The district court had jurisdiction pursuant to 18 U.S.C. § 1964 (c). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

I

The civil RICO provision, 18 U.S.C.…

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