E. Darrell Moore v. Melvin Tolbert
490 F. App'x 200
11th Cir.2012Background
- Felicia Scroggs, E. Darrell Moore, and I-85 Garage sued the City of Pendergrass and city officials claiming First Amendment intimate association and RICO violations.
- Pendergrass, Georgia is a small town; I-85 Garage had an exclusive towing contract for the police since 2002, with Moore and Scroggs living there.
- Three whistleblowers—Garner, Rintoul, and Rogers—challenged local officials in 2009; Moore was friends with Garner and Scroggs knew Garner and Rintoul.
- Mayor Tolbert and City Administrator/Police Chief Russell directed friendship changes; Moore complied.
- After a recall hearing, Davis sought to remove I-85 from the towing list; Moore recorded conversations showing officials upset about Moore’s friendship.
- The district court granted summary judgment for the defendants, and the Eleventh Circuit affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether intimate association rights were violated | Moore/Scroggs had a constitutionally protected intimate relationship with Garner | No intimate family-type relationship existed with Garner or Rintoul | No constitutionally protected intimate association found |
| Whether I-85 had a valid intimate-association claim as a corporation | I-85’s claim rests on Moore/Scroggs’ relationships | Corporations lack a cognizable intimate-association right in this context | I-85 Garage had no viable intimate-association claim |
| Whether the political-association theory was preserved and viable | Defendants infringed Moore/Scroggs’ political associations | Argument not raised in district court; waived on appeal | waived; political-association claim not considered on appeal |
| Whether plaintiffs stated a viable RICO claim | Defendants engaged in a pattern of racketeering and caused injury | No substantial predicate acts or direct injury shown; causation not proven | RICO claim fails; no pattern or injury shown; alternative causation ruling affirmed |
Key Cases Cited
- Wilson v. Taylor, 733 F.2d 1539 (11th Cir. 1984) (intimate association requires family-like bonds for protection)
- Roberts v. U.S. Jaycees, 468 U.S. 609 (U.S. Supreme Court 1984) (right to intimate association limited to family-like relationships)
- McCabe v. Sharrett, 12 F.3d 1558 (11th Cir. 1994) (defines intimate vs expressive association and limits protections to family-like ties)
- Cummings v. DeKalb Cnty., 24 F.3d 1349 (11th Cir. 1994) (co-worker relationships do not suffice for intimate association)
- Williams v. Mohawk Indus., 465 F.3d 1277 (11th Cir. 2006) (plaintiff must show injury-by-reason-of RICO and proximate cause)
- Ironworkers Local Union 68 v. AstraZeneca Pharms., 634 F.3d 1352 (11th Cir. 2011) (definition of pattern requires at least two related predicate acts)