United States Second Circuit

In civil rights and wrongful discharge case involving defendant city council members' budget vote to eliminate funding for plaintiffs' positions, an order denying a motion to dismiss complaint is reversed. Legislative immunity applies not only to the members' budget vote to eliminate such funding, but also to any discussions and agreements members may have had regarding the new budget prior to the vote, regardless of whether those discussions and agreements took place in secret.

Appellate Information

• Decided 02/14/2007
• Published 02/14/2007

Judges

• STRAUB, Circuit Judge:, Before LEVAL and STRAUB, Circuit Judges, and UNDERHILL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Louis D. Stober, Jr., Law Offices of Louis D. Stober, Jr., LLC (Heather H. Patton, on the brief), Garden City, NY, for Plaintiffs-Appellees., Ronald J. Rosenberg, Rosenberg Calica & Birney LLP (Edward M. Ross, John S. Ciulla, of counsel), Garden City, NY, for Defendants-Appellants.