DeGrassi

Christine DeGrassi was a member of the Glendora City Council (the Council). She seeks indemnity for her attorney’s fees from the City of Glendora (the City) under the California Tort Claims Act. She also seeks damages from various City officials and private parties for alleged civil rights violations under 42 U.S.C. § 1983 . We must decide: 1) whether a city council member sued for statements made in the scope of her duties as a council member is entitled to an unconditional defense from the City under the California Tort Claims Act; and 2) whether the member’s free speech rights under the First Amendment are infringed by her exclusion from council meetings called to discuss the member’s request for a defense provided by the City.

FACTS

DeGrassi was elected to the Glendora City Council in 1994. She alleges that from the time of her election until 1997, the defendants-Council members, City officials, the private law firm representing the City, and plaintiffs in an action brought against her-subjected her to a campaign of harassment and intimidation because they opposed her political views. She claims that defendants barred her from participating in Council business, prevented her…