1st Amendment Violation

By: Derek Hawkins//December 26, 2018//

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7^th Circuit Court of Appeals

Case Name: William McCann, et al. v. William E. Brady

Case No.: 18-2175

Officials: WOOD, Chief Judge, and SYKES and BARRETT, Circuit Judges.

Focus: 1^st Amendment Violation

This case takes us deep into the internal workings of the Illinois State Senate. After Senate Minority Leader William E. Brady (a Republican) decided to oust William (“Sam”) McCann from the Illinois Senate Republican Caucus and thereby to deny certain resources to McCann, McCann and one of his constituents, Bruce Mcdaniel, sued Brady under 42 U.S.C. § 1983 for alleged deprivations of their rights under the First Amendment and the Equal Protection Clause of the federal Constitution. Brady responded with a motion to dismiss on the basis of legislative immunity. The district court agreed that this doctrine blocks all of McCann and Mcdaniels’s theories and dismissed the case. We affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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