· 2/14/2007
Almonte v. City Of Long Beach
Citations
- 478 F.3d 100
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that legislators were entitled to legislative immunity where plaintiffs' positions were terminated through a budgetary resolution vote
- stating that “[ijmmunity, either absolute or qualified, is a personal defense that is available only when officials are sued in their individual capacities”
- concluding that “legislative immunity cloaks not only the vote on the budgetary resolutions, but also any [secret] discussions the [c]ouncil members may have held, and any agreements they may have made, regarding the new budget in the months preceding the actual vote”
- stating that the district court correctly found that legislative immunity applied to the city councilmembers' \vote on the budgetary resolutions that terminated the budget lines for the Plaintiffs' positions\
- upholding dismissal of defamation claim on legislative immunity grounds and noting that “whether immunity attaches turns not on the official’s identity, or even on the official’s motive or intent, but on the nature of the act in question”
- appellate jurisdiction does not exist where immunity determination depends on unresolved factual issues
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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