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2. Western Airlines v. Criswell, 105 S.Ct. 2743 €6+17~+85) In order to establish that age 60 is a bona fide occupational qualification (BFOQ) to justify forced retirement of flight engineers, an airline must show that: 12) retirement at age 60 is reasonably necessary to safe transportation of passengers; 2) determining abilities of flight engineers above age 60 on individualized basis is highiy impractical; and 3) some flight engineers above age 60 possess traits precluding safe and efficient job performance that cannot be ascertained by means other than knowing their age. Ke. RICO ~ 18 U.S.C. 1961-8 I, Sedima v. imrex, 105 S.Ce. 3275 (€7-1-85) 2. American National Bank and Trust Co, v. Haroco, 1605 S.Ct, 3291 (€7-1-85) Criminal convictions for predicate acts that constitute "racketeering activity” are not prerequisites to maintenance of 2 mE luc aman ee al ana fr private civil actions under che Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. 1961-1968). Under the statute, racketeering activity is defined as acts “chargeable” under several generically described state criminal laws, or acts “indictable” under numerous specific federal criminal provisions (including mail and wire fraud), or any "offense" involving bankruptcy or securities fraud or drug-related activities that is "punishable" under federal law. In these cases, the Court held, in a 5-4 decision, that to require prior convictions for these predicate acts before a suit could be maintained was contrary to the language and intent of the RICO statute. The Court also held that a plaintiff, in order to maintain a civil RICO action, need not establish a distinct “racketeering injury" beyond the injury resulting from the predicate acts themselves. Til. State Statutes A. Fleeing Felon Il. Memphis Police Dept. v. Garner, 105 S.Ct. 1694 (3-27-85) In Garner, the Supreme Court declared unconstitutional a state statute which authorized police officers to use deadly force to prevent the escape of fleeing felons. The Court held that deadly force may not be used by the police except when necessary and in 1) self defense or defense of others or 2) to prevent the escape of a felon who committed a crime involving the infliction or threatened infliction of serious bodily injury.