Third Circuit: HIRA Educational Services Nort v. Frank Augustine

 

Sufficient jurisdiction to review a denial of legislature members' immunity under the collateral order doctrine, since otherwise the legislators would have to participate in pretrial and discovery matters, and the question is one purely of law.

State legislators' common law federal immunity and immunity from state claims under the state constitution protect actions and speech regardless of subjective discriminatory intent.

Unlike municipal legislators who have both administrative and legislative functions, the actions of a state legislator that are legislative in nature do not have to be proven to be substantively legislative in intent and effect.  Correspondence and telephone calls relating to legislation are protected as factfinding.

Qualified immunity for political errands not within the scope of legislative immunity, as there was not any clear teaching of the courts that the allegedly discriminatory campaigning in the community was against the law.


HIRA Educational Services Nort v. Frank Augustine