Bechard

Gordon Bechard (“Bechard”) appeals the district court’s order granting summary judgment in favor of the Pondera County Commissioners and Pondera County (“defendants”) on his claims for wrongful termination under Montana law and for violation of his civil rights under 42 U.S.C. § 1983 . We review de novo, Schultz v. Sundberg, 759 F.2d 714, 716 (9th Cir.1985) (per curiam), and reverse the judgment below and remand for further proceedings.

Bechard’s claims stem from defendants’ decision to terminate him from his position of administrative assistant to the Pondera County Commissioners (“Commissioners”). The district court granted summary judgment because it concluded that defendants were entitled to legislative immunity for their actions in terminating Bechard.

Bechard was employed as an administrative assistant to the Commissioners from May 1,1990, through March 15, 1996. He was terminated three and one-half months before the end of the County’s fiscal year, and he was given severance pay equal to three and one-half months of salary. Upon termination, Bechard received a letter from the Commissioners stating that, although the termination was for “budgetary reason[s,] ...…