Bogan v. Scott-Harris

Summary

Justice Thomas, writing for a unanimous Court, held that local legislators are absolutely immune from liability under § 1983 for legislative activities. Whether conduct is legislative depends on the nature of the act, not the official's intent or motive. The council member's vote for an ordinance eliminating respondent's department and the mayor's introduction of the budget and signing of the ordinance were legislative acts protected by absolute immunity. The ordinance also was legislative in substance because it reflected discretionary budgetary policy and eliminated a position with prospective consequences beyond its current occupant. The Court reversed the Court of Appeals and did not reach whether petitioners proximately caused an injury cognizable under § 1983. There were no separate opinions.