all, of Plaintiff's members need have suffered individual injuries in order for Plaintiff to have standing. Defendants demand details as to which members entered consent agreements that were based on unfounded allegations. Discovery will reveal whether such details exist; if not, summary judgment will perhaps be appropriate. For now, however, Plaintiff has put Defendants on notice that some of its membership has been injured, and at this stage of litigation such notice will suffice in regard to the propriety of representational standing.
Defendants challenge to the second prong above is clearly meritless. As an activist organization engaged in advocacy relating to issues of concern to its members, Plaintiff certainly includes in its purpose the goal of protecting its members from conduct that is illegal and affects the membership adversely. As Plaintiff points out in its brief, the Supreme Court has expressed strong deference to associations that attempt to vindicate the rights of their members through litigation. See United Auto Workers v. Brock, 477 U.S. 274, 290, 91 L. Ed. 2d 228, 106 S. Ct. 2523 (1986) (noting that "primary reason people join an organization is often to create an effective vehicle for vindicating interests that they share with others").
As to the third prong, the Court does not find that participation by individual members of Plaintiff's organization will necessarily be required in order for Plaintiff to obtain the prospective equitable relief it seeks. It is conceivable, for example, that the alleged misconduct may be established by limiting evidentiary proof to an analysis of investigative measures undertaken by DIFD officials prior to initiating penalty proceedings, for which testimony by those under investigation would not be necessary. That Plaintiff's complaint contains a demand for monetary damages does not act as a bar to standing where such demand is ancillary to the equitable claim (as has effectively been conceded in this case by Plaintiff's counsel). Telecommunications Research & Action Center v. Allnet Communication Services, Inc., 257 U.S. App. D.C. 1, 806 F.2d 1093, 1096 (D.C. Cir. 1986). Representational standing is thus proper in the instant case.
Defendants next contend that Plaintiff fails to satisfy the recognized requirement that claims of fraud specify "detailed allegations of that offense" including "who made the representations to whom, and the general content of the representations." Saporito v. Combustion Engineering, Inc., 843 F.2d 666, 675 (3d Cir. 1988).
A similarly heightened requirement applies to civil rights claims, also present in this action. "To withstand a motion to dismiss, a complaint alleging a civil rights conspiracy should identify with particularity the conduct violating plaintiff's rights, the time and place of these actions and the people responsible therefore." Boddorff v. Publicker Industries, Inc., 488 F. Supp. 1107, 1111 (E.D. Pa. 1980); but see Colburn v. Upper Darby Township, 838 F.2d 663, 666 (3d Cir. 1988) (noting that pleading time and place of conduct is merely one of several methods to meet heightened standard), cert. denied, 489 U.S. 1065, 103 L. Ed. 2d 808, 109 S. Ct. 1338 (1989). Defendants argue that Plaintiff's failure to plead specific acts of wrongdoing and specific victims warrants dismissal under the above rules.
The Court finds that Plaintiff has provided sufficient details of the alleged misconduct to satisfy the above standards. Initially, as to RICO, the Court acknowledges that fraud is only one of several predicate acts alleged by Plaintiff. The allegations of theft by extortion, for example, are properly governed by the more lenient pleading requirement of Fed. R. Civ. P. 8. Yet the Court deems the complaint sufficiently particular to satisfy the heightened standard under Rule 9 and as required for civil rights actions. In light of the additional specifics included in the amended complaint, Plaintiff has now pleaded (1) who made representations (e.g. Defendants Kroll and Wilson), (2) to whom (Plaintiffs Susman and Soriero, among others), and (3) the specific content of such representations (as derived from, inter alia, the correspondence attached to the amended complaint). The Court thus finds that Plaintiff has pleaded in sufficient detail to survive the instant motion to dismiss.
Defendants finally contend that they are entitled to absolute immunity, a protective shield which courts have conferred on officials whose activities are "intimately associated with the judicial phase of the criminal process." Imbler v. Pachtman, 424 U.S. 409, 430, 47 L. Ed. 2d 128, 96 S. Ct. 984 (1976); see also Schrob v. Catterson, 948 F.2d 1402, 1411 (3d Cir. 1991). Plaintiff contends in response that such immunity applies only to prosecutors and other attorneys in prosecutorial roles, and does not extend to investigators like the DIFD officials. At most, Plaintiff argues, Defendants are entitled to qualified immunity, which is an affirmative defense and thus does not present grounds for dismissing a case. Schrob, 948 F.2d 1402.
Plaintiff is correct in pointing out that the Supreme Court precedents relied upon by Defendants extend absolute immunity to attorneys in prosecutorial roles and stop short of extending the doctrine as broadly as Defendants seek in this case. See Imbler, 424 U.S. 409, 47 L. Ed. 2d 128, 96 S. Ct. 984 (state prosecutor); Butz v. Economou, 438 U.S. 478, 57 L. Ed. 2d 895, 98 S. Ct. 2894 (federal administrative attorney). The favored approach to determining the applicability of absolute immunity, however, is functional rather than titular. The evaluating court must
examine the nature of the functions with which a particular official or class of officials has been lawfully entrusted, and  seek to evaluate the effect that exposure to particular forms of liability would likely have on the appropriate exercise of those functions.