Antitrust Law Daily Wrap Up, RICO—D.N.J.: Municipal lawyer’s termination was constitutionally sound, (Jan 22, 2016)

By Greg Hammond, J.D.

The Solicitor/Director of the Department of Law of Washington Township failed to state a Racketeer Influenced and Corrupt Organization Act (RICO) claim against the individual members of the Township Council for allegedly unlawfully removing him from his position. In granting the council members’ motion to dismiss, the federal district court in Camden, New Jersey, concluded that the council’s termination comported with the requirements of constitutionally protected due process (Armano v. Martin, January 21, 2016, Hillman, N.).

Plaintiff John J. Armano, Jr. served as the Solicitor/Director of the Department of Law of Washington Township. The Township Council, however, filed charges against Armano seeking his removal, which arose out of Armano’s law firm partner’s representation of an individual who sued Township Council members. Armano brought claims for RICO, Hobbs Act, and civil rights violations. The Council members moved to dismiss.

Sufficient due process. Contrary to his arguments, the court concluded that Armano was provided with “notice,” “an opportunity to be heard,” and a “for cause” determination that were all constitutionally proper. In particular, the court noted that Armano chose not to attend a hearing afforded to him as part of his due process rights, and consequently did not hear the charges that were lodged against him. “His failure to fully participate in his ‘opportunity to be heard’ cannot serve as a sword to challenge the sufficiency of the notice he was provided,” the court stated.

RICO claim fails. Because Armano’s termination was effected through constitutionally sufficient due process, Armano’s RICO claim failed as a matter of law. He claimed that his removal was a conspiracy to ensure a partisan appointment of a different Township solicitor and the renewed appointment of the Township Engineer. However, even when accepting his conspiracy allegations as true, the court reasoned that these political motivations did not override the constitutionally and statutorily proper termination process provided to Armano. The motion to dismiss was consequently granted.

The case is No. 15-2634 (NLH/KMW).

Attorneys: Louis Giansante (Giansante & Associates LLC) for John J. Armano, Jr. Eric J. Riso (Platt & Riso, PC) for Michele Martin, Angela Donato, Albert Frattali, and Sean Longfellow. Ellis I. Medoway (Archer & Greiner, PC) for John Rogale. John C. Grady (Wardell Craig Annin & Baxter LLP) for Nicholas Fazzio.

Cases: RICO NewJerseyNews