Bogan v. Scott-Harris, 523 U.S. 44, 3 (1998)

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46

BOGAN v. SCOTT-HARRIS

Opinion of the Court

Thomas, J., delivered the opinion for a unanimous Court.

Charles Rothfeld argued the cause for petitioners. On the briefs were Thomas E. Shirley, Bruce A. Assad, and Robert J. Marchand.

Harvey A. Schwartz argued the cause for respondent. With him on the brief were Siobhan M. Sweeney and Eric Schnapper.*

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 Scott-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 Biltcliffe, 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

*Briefs of amici curiae urging reversal were filed for the City of Fall River, Massachusetts, by Thomas F. McGuire, Jr., and Mary E. O'Neil; for the Massachusetts Municipal Association et al. by George J. Leontire; and for the National League of Cities et al. by Richard Ruda and Charles Rothfeld.

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