of certain civil suits pending against the Township. These suits primarily arose out of the discharge of defendant Zajac and Mr. Kozsarek.
At the same Board meeting the plaintiff was dismissed, the Board appointed a panel consisting of the defendant McHugh and defendant Eckert, Township Police Lieutenant to conduct an investigation of plaintiff's behavior during the period of his entire employment with the township. The investigation panel researched the matter for approximately four months. Plaintiff asserts that this panel worked in concert with the Board to stack the charges against the plaintiff.
The investigation panel made its report to the Board on May 7, 1984, approximately four months after plaintiff was dismissed. The Board, after discussing the charges in a closed meeting,
voted to affirm its prior decision of dismissal. Again the Board did not give prior notice of this action, nor was an opportunity given to plaintiff to be heard on this matter.
Plaintiff claims that he has suffered public scorn, humiliation, injury to reputation, and severe emotional distress as a result of defendants' behavior.
Count I of plaintiff's complaint alleges that the defendants (except Township Manager Strange) violated the Racketeer Influenced and Corrupt Organization Act (RICO) 18 U.S.C. § 1961 et seq. by their activities which caused the plaintiff to be injured. Particularly, plaintiff claims that the defendant organized a purposeful effort, which included trading votes on the Board for support and consideration during the election and/or employment opportunities for family and friends. This behavior plaintiff claims amounts to a violation of 18 Pa.Cons.Stat.Ann. § 4701 (Purdon, 1983), Bribery in Official and Political Matters. Moreover, plaintiff alleges that the defendants on the Board settled various lawsuits, which were brought by some of the other defendants against the Township, favorably to these defendants who brought the suits. Defendants Kelly, McHugh, T. Zajac and R. Eckert, it is alleged, conspired among and between themselves during their investigation of plaintiff. Plaintiff also alleges that the defendants traveled in interstate commerce to promote their alleged illegal activity. Finally, plaintiff alleges that all of the defendants (except Township Manager Strange) either acted primarily or aided and abetted, in violating 18 U.S.C. § 1341 (mail fraud) and § 1343 (wire fraud).
Plaintiff asserts his injuries, inter alia, of being suspended from his job, injury to his reputation, and his emotional distress were the result of the unlawful activity of the defendants in violation 18 U.S.C. § 1961, et seq. (RICO). Plaintiff's theory of recovery is grounded in his assertion that the defendant violated the civil provision of RICO 18 U.S.C. § 1964 which states in part:
Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit including a reasonable attorney's fee.