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9th Circuit: County Can't Use RICO
Law Firm Press Release | 2008/03/25 09:14
pAn anti-illegal immigration lawsuit turned out to be much better as a metaphor than as a lawsuit./ppWhen a former leader of Canyon County, Idaho, invoked civil RICO lawsto sue four corporations for hiring illegal immigrants, the move madeheadlines all the way up to emThe New York Times/em: The newspaper viewed it as a prism to understand how the immigration issue split the Republican Party./ppBut an ideologically balanced panel of the 9th U.S. Circuit Court of Appeals disposed of the complaint last week.Canyon County didn't have standing to argue that the companies' allegedhiring of illegal immigrants unfairly upped the cost of providingpublic services, Senior Judge A. Wallace Tashima ruled./ppWe find it particularly inappropriate to label a governmental entity'injured in its property' when it spends money on the provision ofadditional public services, Tashima wrote, given that those servicesare based on legislative mandates and are intended to further thepublic interest./ppSenior Judge William Canby Jr. and Judge Consuelo Callahan joined Tashima. /p


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