United States Third Circuit

In a 42 U.S.C. section 1983 action alleging that plaintiff was discharged from her position as a legislative assistant to a state representative in violation of her First and Fourteenth Amendment rights, denial of defendant-democratic caucus' motion for judgment on the pleadings on the basis of common law legislative immunity is affirmed over its claim that the district court's application of a functional test was error, and that an "alter ego" test, which would look to the duties of the discharged employee, not to the nature of the personnel action taken, should have been used.

Appellate Information

• Argued 10/26/2006
• Decided 11/29/2006
• Published 11/29/2006

Judges

• Before:  SMITH, WEIS, and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Danielle Banks, Esq. (argued), Stradley, Ronon, Stevens & Young, Philadelphia, PA, Counsel for Appellants., George A. Bibikos, Esq., John P. Krill Jr., Esq., Linda J. Shorey, Esq., Kirkpatrick & Lockhart Nicholson Graham, Harrisburg, PA, Counsel for Amicus-Appellant.


• For Appellees:
  
• Samuel J. Cordes, Esq. (argued), Ogg, Cordes, Murphy & Ignelzi, Pittsburgh, PA, Counsel for Appellees.