Bagley v. Blagojevich

Federal 7th Circuit Court
Civil Court
Immunity
Citation
Case Number: 
No. 10-1389
Decision Date: 
May 2, 2011
Federal District: 
C.D. Ill.
Holding: 
Affirmed
Dist. Ct. did not err in granting on grounds of legislative immunity defendant-Governor's motion for summary judgment in section 1983 action alleging that defendant vetoed line item in legislation that would have funded plaintiffs' captain positions within Dept. of Corrections under circumstances where, according to plaintiffs, veto was motivated by plaintiffs' attempt to organize with rival union. Governor was entitled to said immunity where: (1) veto constituted form of legislative act; (2) state officials believed that they would realize $17 million in savings by eliminating captain position; and (3) elimination of captain positions, as opposed to terminating specific individual, was field where legislators had power to act. Moreover, Dist. Ct. did not abuse discretion in blocking defendants from taking Governor's deposition. Dist Ct. could also properly reject on lack of causation grounds plaintiffs' claim that other defendants retaliated against plaintiffs for their union activities by stripping them of their seniority when they transferred into different jobs after their captain positions had been eliminated.