Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Senator Edward Kennedy — Part 25
Page 84
84 / 249
- O° O
not actionable as a violation of plaintiff’s constitutional rights.
See Richards v. Harper, 864 F.2d 85, 88 (9th Cir. 1988); McDonough
v. Ney, 599 F. Supp. 679, 683 (D. Me. 1984).
Furthermore, House Defendants are entitled to immunity. For
actions taken within the "legislative sphere," the Speech or Debate
Clause, U.S. Const. art. I, § 6, cl. 1, protects legislators "not
only from the consequences of litigation’s results but also from
the burden of defending themselves." Eastland v. United States
Servicemen’s Fund, 421 U.S. 491 (1975), quoting, Dombrowski v.
Eastland, 387 U.S. 82, 85 (1967). In addition, defendants are
protected by qualified immunity available for government officials
who, when performing discretionary functions, "generally are
shielded from liability for civil damages insofar as their conduct
does not violate clearly established statutory. or constitutional
rights of which a reasonable person would have known." a Vv.
Fitzgerald, 457 U.S. 800, 818 (1982); see also Anderson _v.
Creighton, 483 U.S. 635 (1987). The allegations in plaintiff’s
complaint are vague, conclusory, unsupported by ‘facts. -and,.
therefore, insufficient to demonstrate that defendants violated
plaintiff's constitutional rights let alone a clearly established
constitutional right. Plaintiff’s complaint is dismissed with
respect to House Defendants.
Plaintiff maintains that all defendants conspired to "totally
destroy his business and family, imprison him for ten (10) >.
consecutive years on account of a criminal conviction in this
Court, and keep him on federal parole for additional eight (8)
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
federal bureau
letter
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic