Johnson v. Town of Greece

Only RICO, TVPA Claims Dismissed From Town Worker's Forced Labor Action

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DECISION AND ORDER INTRODUCTION Plaintiff Robert Johnson (“Plaintiff”) is a former employee of the Town of Greece (the “Town”). (Dkt. 13 at 1). Plaintiff alleges that when defendant William D. Reilich (“Reilich”) became the Town Supervisor in 2014, Plaintiff’s “official Greece duties changed to include thousands of unpaid hours of forced labor for Greece, Bill Reilich, Michelle Marini ['Marini'], Bill Reilich’s side business and personal business and the Monroe County Republican Committee [the 'MCRC'.]” (Id.). Plaintiff asserts claims under: the Trafficking Victims Protection Act (the “ TVPA”), 18 U.S.C. §1589; the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§1961-1968; the Fair Labor Standards Act (the “FLSA”), 29 U.S.C. §207(a); 42 U.S.C. §1983; and various provisions of the New York Labor Law (the “NYLL”). (Id. at

145-293). Plaintiff also asserts claims for unjust enrichment, quantum meruit, and breach of contract. (Id. at 241-69). The Town, Reilich, Marini, Kirk Morris (“Morris”), and Keith Suhr (“Suhr”) (collectively “Defendants”) have moved to dismiss the following claims for failure to state a cause of action: the RICO claims; all NYLL claims except retaliation; the unjust enrichment and quantum meruit claims; the §1983 claim against the Town; and the TVPA claim. (Dkt. 17-2 at 7). For the reasons below, Defendants’ motion is granted as to Plaintiff’s RICO and TVPA claims and denied in all other respects. BACKGROUND I. Factual Background These facts are taken from the amended complaint, the operative pleading. As is required at this stage of the proceedings, Plaintiff’s well-pleaded factual allegations are treated as true. Reilich is the Town Supervisor. (Dkt. 13 at 7). Marini was the Deputy Town Supervisor until December 2023. (Id. at 8).¹ Suhr is the Town’s personnel director, a position he obtained in 2022. (Id. at

Johnson v. Town of Greece

Only RICO, TVPA Claims Dismissed From Town Worker's Forced Labor Action

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