Downs-Vollbracht

Downs-Vollbracht v. Stringer

Good Law
156 F. App'x 894
United States Court of Appeals for the Ninth CircuitNovember 30, 2005No. 03-17362, 04-16205California1,063 words

Opinion

Lead Opinion

MEMORANDUM **

D’Arcy Downs-Vollbracht brought this action against Mary Stringer, Tony Port-man, 1 and the City of Bullhead, Arizona. Although she obtained a judgment against Stringer based upon pretermination retaliation, she appeals the district court’s grant of summary judgment against her on other claims. 2 Stringer also appeals and asserts that errors were made at trial. 3 We affirm in part, reverse in part, and remand.

(1) Downs-Vollbracht sought to impose liability upon Stringer or to increase damages on account of two separate, though related, courses of conduct by Stringer. The district court determined that both were covered by legislative immunity. We agree as to the first, but not as to the second.

As far as 42 U.S.C. § 1988 is concerned, there can be no doubt about “[t]he principle that legislators are absolutely immune for their legislative activities,” and that is “fully applicable to local legislators.” Bogan v. Scott-Harris, 523 U.S. 44, 48-49 , 118 S.Ct. 966, 970 , 140 L.Ed.2d 79 (1998); see also Cinevision Corp. v. City of Burbank, 745 F.2d 560, 577 (9th Cir.1984). The immunity covers “all actions taken in the sphere of legitimate legislative activity,” even…

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