# United States v. Local 560, 550 F. Supp. 511 (D.N.J. 1982)

Canonical: https://mobfiles.org/items/courtlistener-us-v-local-560-550-f-supp-511/

In the government's civil RICO suit alleging that Teamsters Local 560 had become a "captive labor organization" controlled by the "Provenzano Group," the district court denies the union's motion to dismiss, calling the question one "of first impression."

United States District Court for the District of New Jersey, Civil No. 82-689, opinion by Judge Harold A. Ackerman. "This civil action brought pursuant to the Racketeer Influence and Corrupt Organizations Act (RICO) presents a question of first impression. The United States charges that Local 560 ... together with its Welfare and Pension Funds ... and its Severance Pay Plan ... is a 'captive labor organization.'"

The complaint, as the court summarizes it, alleges that a "Provenzano Group" created a climate of intimidation through a list of acts, among them "the June 1961 murder of Anthony Castellitto," appointments of convicted men to union posts, and "the May 1963 murder of Walter Glockner," and that the members thereby surrendered their union rights. The union moved under Rule 12(b)(6) to dismiss paragraph 12(a), which pleads murder and Hobbs Act extortion of members' rights as the pattern of racketeering. "For all of these reasons, defendant's motion to dismiss paragraph 12(a) is denied."

Everything described here is an allegation in a complaint at the pleading stage. The court's findings after trial are in [581 F. Supp. 279](/items/courtlistener-us-v-local-560-581-f-supp-279/).

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/1451621/united-states-v-local-560/