10-1389 Bagley v. Blagojevich

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Labor
Legislative immunity

A governor’s decision to eliminate government jobs is protected by legislative immunity.

“Because we find that Governor Blagojevich’s veto was legislative, we also hold that the district court did not abuse its discretion in blocking the Governor’s deposition and limiting Curry’s deposition. In Dombrowski v. Eastland, 387 U.S. 82, 85 (1967) (per curiam), the Court held in dismissing a civil suit that legislative immunity protected legislators engaged in legislative actions ‘not only from the consequences of litigation’s results but also from the burden of defending themselves.’ In Eastland v. U.S. Servicemen’s Fund, 421 U.S. 491, 502-03 (1975), the Court held that civil actions force legislators to ‘divert their time, energy, and attention from their legislative tasks to defend the litigation. Private civil actions also may be used to delay and disrupt the legislative function.’ The court reaffirmed ‘that once it is determined that’ a legislator is ‘acting within the “legitimate legislative sphere” the Speech or Debate Clause is an absolute bar to interference.’ Id. (quoting Doe v. McMillan, 412 U.S. 306, 314 (1973)). In Supreme Court of Virginia v. Consumers Union of the United States, Inc., 446 U.S. 719, 731-32 (1980) (citations omitted), the Court held that although separation of powers ‘justifies a broader privilege for Congressmen than for state legislators’ the Court generally equates ‘the legislative immunity to which state legislators are entitled under § 1983 to that accorded Congressmen under the Constitution.’ We see no reason why the immunity protecting the Governor from liability for his veto (and Curry to the extent of her involvement in the veto) would not also protect them ‘from the burden of defending themselves,’ Dombrowski, 387 U.S. at 85, for their actions ‘“in the sphere of legitimate legislative activity.”’ Id. (quoting Tenney, 341 U.S. at 376).”

Affirmed.

10-1389 Bagley v. Blagojevich

Appeal from the United States District Court for the Central District of Illinois, Mills, J., Tinder, J.

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