Synopsis
Background: Operators of riverboat gambling casinos brought action against former Illinois governor, his campaign finance committee, and operators of horse racetracks, alleging fraudulent scheme under Racketeer Influenced and Corrupt Organizations Act (RICO) and state law constructive trust claim arising from state's Racing Act, which required casinos to pay percentage of gross receipts to fund to benefit racetracks. Defendants moved to dismiss and casino operators moved for preliminary injunction to prevent distribution of disputed funds to defendant racetracks. The United States District Court for the Northern District of Illinois, Matthew F. Kennelly, J., 674 F.Supp.2d 993, granted motion to dismiss in part and denied it in part, and denied motion for preliminary injunction. Parties appealed.
Holdings: The Court of Appeals, Sykes, Circuit Judge, held that:
1 former Illinois governor had legislative immunity from RICO suit;
2 Tax Injunction Act did not bar federal court from imposing constructive trust;
3 res judicata did not apply;
4 collateral estoppel did not apply;
5 Colorado River abstention did not apply; and
6 constructive trust was not an impermissible attack on state-court judgment.
Reversed and remanded.
Posner, Circuit Judge, filed dissenting opinion.