Changes

Jump to navigation Jump to search
No change in size ,  03:29, July 13, 2016
→‎top: clean up & uniformity
Line 8: Line 8:  
   
 
   
 
:Recognizing this venerable tradition, we have held that state and regional legislators are entitled to absolute immunity from liability under § 1983 for their legislative activities. ''See Tenney v. Brandhove'', ''supra'' (state legislators); ''Lake Country Estates, Inc. v. Tahoe Regional Planning Agency'', 440 U.S. 391, 59 L. Ed. 2d 401, 99 S. Ct. 1171 (1979) (regional legislators); 3 ''see also Kilbourn v. Thompso''n, 103 U.S. 168, 202-204, 26 L. Ed. 377 (1881) (interpreting the federal Speech and Debate Clause, U.S. Const., Art. I, § 6, to provide similar immunity to Members of Congress). We explained that legislators were entitled to absolute immunity from suit at common law and that Congress did not intend the general language of § 1983 to "impinge on a tradition so well grounded in history and reason." ''Tenney v. Brandhove'', ''supra'', at 376. Because the common law accorded local legislators the same absolute immunity it accorded legislators at other levels of government, and because the rationales for such immunity are fully applicable to local legislators, we now hold that local legislators are likewise absolutely immune from suit under § 1983 for their legislative activities.
 
:Recognizing this venerable tradition, we have held that state and regional legislators are entitled to absolute immunity from liability under § 1983 for their legislative activities. ''See Tenney v. Brandhove'', ''supra'' (state legislators); ''Lake Country Estates, Inc. v. Tahoe Regional Planning Agency'', 440 U.S. 391, 59 L. Ed. 2d 401, 99 S. Ct. 1171 (1979) (regional legislators); 3 ''see also Kilbourn v. Thompso''n, 103 U.S. 168, 202-204, 26 L. Ed. 377 (1881) (interpreting the federal Speech and Debate Clause, U.S. Const., Art. I, § 6, to provide similar immunity to Members of Congress). We explained that legislators were entitled to absolute immunity from suit at common law and that Congress did not intend the general language of § 1983 to "impinge on a tradition so well grounded in history and reason." ''Tenney v. Brandhove'', ''supra'', at 376. Because the common law accorded local legislators the same absolute immunity it accorded legislators at other levels of government, and because the rationales for such immunity are fully applicable to local legislators, we now hold that local legislators are likewise absolutely immune from suit under § 1983 for their legislative activities.
−
[[category:United States Supreme Court Cases]]
+
[[Category:United States Supreme Court Cases]]
−
[[category:Legislative Immunity]]
+
[[Category:Legislative Immunity]]
Block, SkipCaptcha, apieditor, Automoderated users, Bots, edit, ratelimit-exempt
59,376

edits

Navigation menu