United States Ninth Circuit

A suit against county council members in their individual capacities under 42 U.S.C. section 1983 and the Religious Land Use and Institutionalized Persons Act, arising from denial of a conditional use permit, was not barred by legislative immunity.

Appellate Information

• Argued 11/01/2002
• Decided 01/14/2003
• Published 01/14/2003

Judges

• FISHER, Circuit Judge., Before: SCHROEDER, Chief Judge, ALARĆON and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• James H. Fosbinder and Rhonda M. Fosbinder, Fosbinder & Fosbinder, Kahului, HI, for the plaintiffs-appellees., Victoria J. Takayesu, Deputy Corporation Counsel, Wailuku, Maui, HI, for the defendants-appellants.