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MCKINNEY v. ILLINOIS

September 25, 1989

PAMELA L. McKINNEY (a/k/a PAMELA L. BRADLEY), Plaintiff,
v.
THE STATE OF ILLINOIS (ILLINOIS DEPARTMENT OF EMPLOYMENT SECURITY), et al., Defendants



The opinion of the court was delivered by: BUA

 NICHOLAS J. BUA, UNITED STATES DISTRICT JUDGE

 FACTS

 Plaintiff's amended complaint contains a sixty-three-page litany of allegations against defendants that describes in painstaking detail the sexual harassment and other misconduct which defendants allegedly committed. In considering defendants' motion to dismiss, this court is bound to accept all of those factual allegations as true. See Gomez v. Illinois State Board of Education, 811 F.2d 1030, 1039-40 (7th Cir. 1987). Nevertheless, a brief summary of plaintiff's allegations is all that is required to address defendants' motion.

 Beginning in October 1978 and continuing until sometime in April or May of 1988, plaintiff Pamela L. McKinney, a/k/a Pamela Bradley, was employed by defendant the Illinois Department of Employment Security ("I.D.E.S."). The I.D.E.S. is a state agency which provides free employment services to citizens of the State of Illinois. In January 1985, McKinney was assigned the job of administrative assistant to Plowright, the Manager of Field Services at I.D.E.S. McKinney alleges that beginning in March 1985, Plowright began making unauthorized and unwarranted sexual advances upon her. McKinney claims that from March to May of 1985, Plowright's sexual harassment consisted of attempts to touch her body in a sensual and amatory fashion. In June 1985, McKinney was reassigned, and she did not work under Plowright's supervision for nearly two years. During that time, McKinney claims, Plowright's sexual harassment primarily consisted of leers, lewd comments, and lascivious gestures.

 In May of 1987, McKinney was again assigned to work under Plowright's direction. McKinney alleges that upon her reassignment to Plowright, Plowright increased the frequency and severity of his sexual harassment. She further alleges that although she tried to avoid and reject his sexual advances, they escalated to the point where he began propositioning her, exposing himself to her, and forcing her into sexual contact with him. McKinney claims she later learned that Plowright had harassed other female employes at I.D.E.S. in a similar fashion.

 McKinney alleges that in late November and early December of 1987, she finally reported Plowright's harassment of her to three separate I.D.E.S. officials -- defendant Morton Friedman, Deputy Director of I.D.E.S., and defendants Daniel Flanagan and Mary Kennedy, attorneys for I.D.E.S. McKinney also claims that defendant Juliette Hurtz, a manager at I.D.E.S., became aware of her charges of sexual harassment by Plowright. McKinney complains that none of these I.D.E.S. officials took any action to protect her from Plowright, and that as a result, Plowright continued to harass her. In January 1988, he allegedly offered her higher employee performance ratings in exchange for sexual favors.

 DISCUSSION

 I. McKinney's RICO Claims

 Based on her factual allegations, McKinney asserts three separate RICO claims. In Counts Sixteen and Seventeen, she alleges that Plowright violated sections 1962(c) and (b) of RICO. In Count Eighteen, she alleges that all the defendants violated section 1962(d) of RICO. A prerequisite to McKinney's recovery under any of these provisions is that defendants engaged in some form of "racketeering activity." See 18 U.S.C. § 1962. According to RICO's "Definitions" section, only those acts which are chargeable under the particular state and federal criminal laws listed in § 1961(1) of RICO constitute "racketeering activity" for purposes of RICO. 18 U.S.C. § 1961(1). Therefore, McKinney's complaint fails to state a RICO claim unless it contains allegations that defendants committed at least one of the criminal acts enumerated in § 1961(1) of RICO.

 McKinney alleges that defendants committed a plethora of criminal acts. Specifically, she claims that either Plowright or the other defendants committed the state law crimes of public indecency, assault, aggravated assault, battery, aggravated battery, intimidation, ethnic intimidation, criminal sexual abuse, aggravated criminal sexual abuse, official misconduct, and compelling confession or information by force or threat. She further claims that defendants committed the federal crimes proscribed in 18 U.S.C. sections 3, 4, 245, 246, and 371. None of these crimes, however, are listed as racketeering acts under § 1961(1) of RICO. Therefore, McKinney's allegations that defendants committed these crimes do not constitute a proper basis for her RICO claims.

 However, McKinney does allege that defendants committed other federal crimes which are set forth in RICO's definition of racketeering activity. Specifically, McKinney claims that defendants tampered with and retaliated against a witness, victim, or informant in violation of 18 U.S.C. sections 1512 and 1513; interfered with interstate commerce by threats of violence in violation of 18 U.S.C. section 1951; and traveled in interstate commerce in aid of a racketeering enterprise in violation of 18 U.S.C. section 1952. Nevertheless, McKinney's factual allegations fail to support her contention that defendant committed any of these offenses. Violations of 18 ...


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