Gates
Trevino ex rel. Cruz v. Gates
Opinion
Lead Opinion
Thompson, J.
Opinion by Judge DAVID R. THOMPSON.
*1481 ORDER
The opinion filed February 28, 1994, and published at 17 F.3d 1189 (9th Cir.1994), is withdrawn. That opinion is replaced by the opinion filed contemporaneously with this order.
OPINION
The plaintiff sued the Los Angeles Chief of Police and members of the Los Angeles City Council in their individual capacities under 42 U.S.C. § 1983 . She alleged the council members violated her civil rights by encouraging the police to routinely use excessive force. This encouragement, she alleged, contributed to the death of her father.
The council members moved to dismiss the plaintiffs claims. They contended that in considering and voting on whether to authorize the city to pay punitive damage awards they acted in a legislative capacity pursuant to California Government Code § 825(b), 1 and they were entitled to absolute legislative immunity. The district court rejected their immunity claim and denied their motion to dismiss. Trevino v. Gates, 798 F.Supp. 621 (C.D.Cal.1992). They appeal.
We have jurisdiction, because the denial of a motion to dismiss based upon a claim of absolute immunity is an immediately appealable interlocutory order.…