Rule 8 of the Federal Rules of Civil Procedure requires a complaint to contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). In this case, the statement in the Appellants’ complaint is not short; rather, it is a lengthy 55 pages and 433 rhetorical paragraphs. The statement also is not plain; rather, it is prolix, disjointed, confusing, and at times unintelligible. And despite this length and complexity (or perhaps, in part, because of it), the complaint does not show that its pleaders are entitled to the relief they seek, relief for violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-68. Acting on the Appellees’ Rule 12(b)(6) motion, the court below dismissed the Appellants’ claims for various reasons dealing with immunity, statute of limitations, collateral es-toppel, standing, and pendent jurisdiction. We affirm, but on other grounds. See Box v. A & P Tea Co.,
RICO is a complex statute, it is true. Thus, by necessity, most RICO com
The gist of the Appellants’ claim
Kaminsky’s “persecution,” apparently, began in May of 1981. Kaminsky, it seems, had purchased for $1,000 a “Doctor of Homeopathic Medicine” degree from an outfit in Florida and, apparently on the strength of that “degree,” had advertised himself as an “M.D.” and performed certain medical procedures. These actions caused some small displeasure in the medical community. Several physicians took action, notifying the Indiana Medical Licensing Board (IMLB) and the Tippecanoe County Prosecutor’s Office (TCPO) of Ka-minsky’s deeds and various statutes that may have been infringed. This led to investigations of Kaminsky by the IMLB and the TCPO. The IMLB investigation was short and sweet: hearings were held in June; in July a decision was reached that Kaminsky had violated Indiana law; Ka-minsky’s license was suspended for six months (with a five year probationary period to follow) in August.
At certain times some or all of these people wrote memoranda to each other discussing the Kaminsky case, made motions and appearances in court, obtained subpoenas and affidavits, gathered evidence from insurance companies, obtained information from Indiana State Chiropractic Association peer review committee member Kel-man, observed Kaminsky and his patients, ran various sting operations on Kaminsky and his health clinic, and otherwise “harassed” or “threatened” Kaminsky, his patients, his acquaintances, and his lawyer. This activity bore fruit: Kaminsky’s license was suspended on March 22, 1984 and then revoked on June 29, 1984 by the Indiana Board of Chiropractic Examiners (IBCE).
Compared to Kaminsky’s ordeal, Jennings’s is refreshingly simple. Jennings and his health clinic apparently were being investigated by ISP member Buehrle. Buehrle, posing as a patient, ran a sting on Jennings’s clinic. Evidence was gathered. In October, 1984, Buehrle and ISP member Sylvester entered Jennings’s clinic and seized equipment and patient files. Thereafter the two examined the files. In November, Jennings went to court seeking a return of his equipment and files. In December “some of the confiscated items” were returned, but the investigation of Jennings continued.
Unlike Kaminsky and Jennings, P. Joseph Lisa is not a chiropractor. He is a medical researcher and author. Nonetheless, like Kaminsky and Jennings, Lisa was “persecuted” by Indiana law enforcement personnel. Kaminsky and Jennings had hired Lisa to investigate a possible medical monopoly in Indiana. Lisa went to the IAGO and the TCPO to obtain information about Kaminsky's case. Amazingly, in both offices he was mistaken for an investigating member of a congressman’s staff and was given access to attorney work product regarding the Kaminsky investigation. Minglin of the IAGO and Beyer of the TCPO eventually became suspicious about Lisa’s credentials, however, and they got in touch with ISP member White. White was asked to investigate, and did investigate, Lisa. That investigation led to Lisa’s arrest for misrepresentation and theft, his prosecution by Marion County deputy prosecutors Lundy, Devine, and Newman, and his eventual plea of guilty to charges of impersonating a public servant.
The Appellees assert that this story does not state a claim under any section of RICO. Their assertion is comprised of several arguments. First, the Appellees argue that allegations of a “pattern of racketeering activity” are required for all sections of RICO, and that the Appellants
In their brief, the Appellants seem to concede the irrelevancy of most of their allegations. They do, however, point out that somewhere in the 16 pages there are a few allegations of predicate acts. In their brief, for example, the Appellants state that they alleged that in July, 1984, Buehrle violated I.C. 16 — 6—8—3(f)(1), which makes it unlawful for any person to obtain a legend drug
The “pattern” requirement aside, the Ap-pellees also argue that the Appellants have failed adequately to allege a RICO enterprise. Indeed they have. Regarding pleading, the first rule is that “[a] plaintiff
Their closest attempt at identification is an allegation that each of the Appellees is “connected” “with various enterprises including the collective criminal enterprise,” which is “an on-going criminal syndicate, the operation of which is carried out with support of the American Medical Association and its affiliated groups including the Indiana State Medical Association and the Tippecanoe County Medical Association as well as the Indiana State Police, the Office of the Attorney General of the State of Indiana and the Prosecutors’ Offices for Tippecanoe, Marion and Jasper Counties.” According to the Appellants, this “enterprise” is purportedly described in the complaint’s factual allegation section; but we find nothing there alleging the existence of an enterprise. Whether legal or extra-legal, each enterprise is an ongoing “structure” of persons associated through time, joined in purpose, and organized in a manner amenable to hierarchial or consensual decision-making. See Old Time Enter., Inc.,
Why not look for an enterprise in the Appellants’ assertions of conspiracy? Throughout the complaint there are many pseudo-allegations of “conspiracy,” including those of a conspiracy of the Appellees to “contain or eliminate chiropractic.” Put
The Appellees raise other arguments to sink the Appellants’ complaint. We feel no need to address them, just as we felt no need to address the many sound reasons relied on by the district court. The Appellants have raised claims under RICO subsections 1962(a), (b), (c), and (d). But in their attempt to allege everything, the Appellants have alleged nothing. “[T]he needle in the haystack,” if any, “might as well not be there.” Old Time Enter., Inc.,
Below, the district court gave the Appellants leave to amend their complaint. The Appellants chose instead to stand on it and take this appeal. For that decision, they now must pay the price.
Affirmed.
Notes
. As always, we regard as true the complaint’s factual allegations and we view them and the reasonable inferences implied by them in the light most favorable to the plaintiffs, here, the Appellants. See SK Hand Tool Corp. v. Dresser Indus., Inc.,
. The Medical Board’s decision later was upheld by the Indiana courts.
. Instrumental in effecting this decision, which later was upheld by the Indiana courts, was IBCE member Kolanko.
. Despite these setbacks, Kaminsky persevered. He obtained reinstatement of his license in 1987; this, despite the contrary efforts of IBCE member Simonson and others.
. ISP member White and deputy attorney general Minglin also worked on the Jennings case, although to what extent is unknown.
. As part of the proceedings against Lisa, members of the Marion County Prosecutor’s Office and the IAGO waged a disqualification campaign against Lisa’s (and Kaminsky and Jennings’s) counsel, Kenneth Kern. This campaign failed, but another was more successful. Two counts of alleged improper conduct were filed against Kern by Indiana Supreme Court Disciplinary Commission executive secretary Bres-kow. Minglin, Lane, Emry, Beyer, Meyers, White, Newman, and Pearson all gave deposition testimony for the disciplinary hearings, deposition testimony unfavorable to Kern. Kern was found guilty of Count II, alleging conflict of interest. He eventually was suspended from the practice of law for 60 days.
. Other examples of irrelevant alleged federal law violations: 18 U.S.C. § 242 (deprivation of rights under color of law); 18' U.S.C. § 2 (aiding and abetting the commission of some unknown crime); 18 U.S.C. § 1 (classification of crimes); 18 U.S.C. § 1001 (lying to the FBI). Examples of alleged state law violations: I.C. 34-1-5-1 (rules for pleading for libel and slander); I.C. 34-1-14-5 (incompetent witnesses); I.C. 35-43-4-4(h)(3) & (4) (authorizing return of property from law enforcement agency); I.C. 35-44-2-2 (false informing); I.C. 35-44-3-4 (obstruction of justice); I.C. 35-44-1-2 (official misconduct); I.C. 35-41-5-1 (attempt to restrain trade); I.C. 35-41-5-2 (conspiracy to restrain trade); I.C. 34-41-2-4 (aiding and abetting); I.C. 35-43-1-2 (criminal mischief); I.C. 35-45-2-2 (harassment); I.C. 24-1-2-5 (duties of attorney general and prosecuting attorney); I.C. 34-4-30.5-2 (action by prosecuting attorney to enjoin violation of law); I.C. 34-1-60-9 (deceit of attorney); I.C. 35-33-5-5 (disposition of seized items); I.C. 35-41-1-2 (repealed); etc.
. For a definition of "legend drug,” see I.C. 16-6-8-2(k).
. We offer no opinion on whether a violation of I.C. 16 — 6—8—3(f)(1) constitutes a racketeering act.
. The factual allegation portion of the complaint alleges the following: "In July 1984, Defendant BUEHRLE after obtaining an illegal prescription of diabenzanine from a licensed pharmacist, went to the office of JENNINGS using an undercover name, Mike Peterson, and a fictitious employment." We cannot find from this allegation “facts from which the court may make ... a determination" that the Indiana statutes were violated. See Reynolds, supra,
. The “pinpointed” allegations include Martin’s purported violation of I.C. 35-43-1-1 (arson), Alder's purported violation of I.C. 35-43-4-2 (theft; receiving stolen property), and Simon-son's purported violation of I.C. 35-44-1-1 (bribery). They also include a plethora of purported violations, by numerous Appellees, of 18
. Assuming, arguendo, that some of the alleged statutory violations constitute racketeering acts, and waiving, for the moment, our plaint with the eonelusory manner in which the allegations are made.
. The Appellants mention, among other entities, (1) the conspiracy of the "members of the Indiana State Medical Association," (2) the conspiracy of the American Medical Association, the Indiana State Medical Association, Minglin, White, and "numerous other named and unnamed people," (3) "various enterprises including [the] collective criminal enterprise,” (4) "an on-going criminal syndicate," and (5) "the legitimate practice of chiropractic.”
. Appellants’ counsel's concession at oral argument that the complaint’s purported enterprise is an association-in-fact of the Appellees bears this interpretation out: the government offices are not the purported enterprise, the Appellees are. As for this association-in-fact, again, there is nothing in the complaint to show that the Appellees constitute a separate and distinct enterprise: there is nothing indicating a command structure separate and distinct from the government offices; there is nothing indicating an enterprise existing apart from the Appellees’ deeds.
. In addition to claiming under the federal RICO statute, the Appellants' complaint claims under various provisions of Indiana state law. Absent the jurisdiction provided by the federal RICO count, however, the Appellants’ state law claims need not be addressed. United Mine Workers v. Gibbs,
