Racketeering claims filed in a lawsuit against Hawthorne Race Course by a fired veterinarian were dismissed by a federal court judge who concluded the allegations do not meet required legal thresholds.
Dr. Christine Tuma was jointly employed by the Illinois Racing Board and Hawthorne as an Association Veterinarian whose duties encompassed responsibility for “maintaining the safety of racehorses before, during, and after a race."
Tuma's lawsuit alleged a scheme allowing lame and/or sick horses to race against her recommendations so as to increase handle and defraud the betting public and regulators during the fall 2022 and 2023 racing seasons.
Most of Tuma's claims are based on a federal anti-racketeering statute known as RICO. Citing longstanding U.S. Supreme Court precedent limiting standing to those directly injured by a RICO violation, the court found against Tuma.
"Plaintiff claims to have suffered 'severe emotional distress resulting in physical injuries and harm to her professional reputation' in addition to her loss of employment. Such an injury is not compensable under RICO," wrote Judge Jeffrey Cummings on July 25. "As the Supreme Court has recently made clear: (RICO) does not allow recovery for all harms. Instead, by explicitly permitting recovery for harms to business and property, it implicitly excludes recovery for harm to one’s person.”
Tuma's remaining claims, based on a state whistleblower act and the tort of retaliatory discharge, may be litigated in state court unless she can revive her federal lawsuit by amending her complaint to assert legally viable claims.
