Ricchio v. McLean, No. 16-1680 (1st Cir. 2017)Annotate this Case
Plaintiff brought actions for civil liability under the Trafficking Victims Protection Act against four defendants. As to three defendants - Ashvinkumar Patel, Simal Patel, and Bijal, Inc. - the district court dismissed for failure to state a claim. The First Circuit reversed the district court’s judgment dismissing Plaintiff’s claims against defendants Bijal, Inc. and the Patels, holding (1) the allegations and inferences in the complaint sufficed as plausible support for pleading statutory violations by the Patel defendants in their own right and as agents for renting out Bijal’s motel space, and by Bijal in consequence of the Patels’ agency; and (2) therefore, the district court erred in granting the motion to dismiss and in denying reconsideration.