UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

Come now the Defendants State of Alabama, Circuit Judge Richard Dorrough, Frank Gregory, Bob Maddox and pursuant to Fed R. Civ. P. 12(b)(6) submit a motion to dismiss. As grounds in support of this motion, the Defendants submit the following:

1. The Plaintiffs Amendment #2A to the Verified Complaint fails to state a federal RICO claim pursuant to 18 U.S.C. § 1961 and 18 U.S.C. §§ 1341, 1343 upon which relief can be granted.

2. The complaint is insufficient to state a cause of action against Defendants under 18 U.S.C. §§ 1341 and 1343.

3. The Plaintiffs failed to establish any claims of injury under RICO, and thus these claims are due to be denied.

4. The Plaintiffs’ RICO claims are not sufficiently pled and due to be dismissed.

5. The Plaintiffs have no tangible or intangible property right to participate on the Advisory Committee on Child Support Guidelines and Enforcement and thus, their complaint is insufficient to establish a RICO claim.

6. Plaintiffs complaint fails to state any “factual” allegations to support their claims that the Defendants intended to defraud them of money or property, and thus Plaintiffs claims are due to be denied.

7. The Plaintiffs have not sufficiently pled any alleged indictable conduct by the Defendants under RICO. Further, the Plaintiffs failed to articulate facts in support of each element necessary to sustain a RICO claim and, thus Plaintiffs’ claims are due to be denied.

8. To the extent that the Plaintiffs allege that their property interest includes a First Amendment right to record the Committee’s activities, this claim is barred by the doctrine of resjudicata.

9. The Plaintiffs are not entitled to compensatory or punitive damages and these claims are due to be denied.

10. The complaint fails to aver sufficient facts to establish that the Plaintiffs are entitled to injunctive relief or any other relief.

11. The Plaintiffs lack the requisite standing to articulate a RICO claim against the Defendants. Thus, this claim is due to be denied.

12. The Defendants adopt and reassert herein, all previously filed pleadings and defenses asserted in response to the Plaintiff’s complaint and amendments to the complaint.

In support of this motion, the Defendants submit a memorandum brief attached hereto

WHEREFORE ALL PREMISES CONSIDERED, Defendants respectfully request this Court to grant the Motion to Dismiss Plaintiffs’ Amendment #2A to the Verified Complaint.

Respectfully submitted,

BILL PRYOR
LAVETTE LYAS-BROWN (LYAOO1)
ASSISTANT ATTORNEY GENERAL
Office of the Attorney General
11 South Union Street
Montgomery, Alabama 36130
334-242-7300

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