Daniel Bogan and Marilyn Roderick v. Janet Scott-harris (523 U.S. 44)

U.S. Supreme Court · decided March 3, 1998 · Supreme Court Database (Spaeth)

Citation
523 U.S. 44 · 118 S. Ct. 966
Decided
March 3, 1998
Term
October Term 1997
Vote
9–0
Majority author
Justice Thomas
Issue area
Economic Activity
Disposition
Reversed
Outcome
Petitioning party won
Ideological direction
Liberal

Opinion excerpt

Justice Thomas delivered the opinion of the Court. It is well established that federal, state, and regional legislators are entitled to absolute immunity from civil liability for their legislative activities. In this case, petitioners argue that they, as local officials performing legislative functions, are entitled to the same protection. They further argue that their acts of introducing, voting for, and signing an ordinance eliminating the government office held by respondent constituted legislative activities. We agree on both counts and therefore reverse the judgment below. I — ! Respondent Janet Seott-Harris was administrator of the Department of Health and Human Services (DHHS) for the city of Fall River, Massachusetts, from 1987 to 1991. In 1990, respondent received a complaint that Dorothy Bilt-cliffe, an employee serving temporarily under her supervision, had made repeated racial and ethnic slurs about her colleagues. After respondent prepared termination charges against Biltcliffe, Biltcliffe used her political connections to press her case with several state and local officials, including petitioner Marilyn Roderick, the vice president of the Fall River City Council. The city council held a hearing on the charges against Biltcliffe and ultimately accepted a settlement proposal under which Biltcliffe would be suspended without pay for 60 days. Petitioner Daniel…

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