United States Ninth Circuit

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Community House, Inc. v. Boise, 09-35780

In an action against the City of Boise and the Boise City Council, alleging, among other things, that the anticipated lease of a building to a homeless shelter violated the First Amendment's anti-Establishment Clause and the federal Fair Housing Act (FHA), the denial of summary judgment based on qualified immunity is reversed where: 1) the Mayor and the members of the City Council were entitled to absolute legislative immunity for their actions in promoting and approving the lease; and 2) certain other individual defendants were entitled to qualified immunity because at the time the City approved the lease and sale, a reasonable official would not have known that such actions would violate the Establishment Clause or the FHA.

Appellate Information

  • Decided 10/06/2010
  • Published 10/06/2010


  • Stephen S. Trott


  • United States Ninth Circuit


  • For Appellant:
  • Howard A. Belodoff, Phillip J. Collaer