context: Defendant cites several cases in support of its argument that the City is absolutely immune from civil liability in this action. These cases are inapposite, however, since they hold that the city officials are immune, but do not deal with the liability of the municipality itself.
citation_a.signal: see
citation_a.parenthetical: council members, as individuals, have absolute immunity in passing ordinances
citation_a.sentence: See, e.g., Aitchison v. Raffiani, 708 F.2d 96 (3rd Cir.1983) (members of municipal council acting in legislative capacity are absolutely immune from damages suits under § 1983); Espanola Way Corp. v. Meyerson, 690 F.2d 827 (11th Cir.1982) (city commissioners absolutely immune for legislative acts), cert. denied, 460 U.S. 1039, 103 S.Ct. 1431, 75 L.Ed.2d 791 (1983); Bruce v. Riddle, 631 F.2d 272 (4th Cir.1980) (council members, as individuals, have absolute immunity in passing ordinances); Gorman Towers, Inc. v. Bogoslavsky, 626 F.2d 607 (8th Cir.1980) (state and regional legislators have absolute federal common law immunity from liability for damages occasioned by their legislative acts).
citation_b.signal: but see
citation_b.parenthetical: members of local legislative bodies have complete immunity from suits based on their legislative acts, but no such immunity protects the county
citation_b.sentence: But see Reed v. Village of Shorewood, 704 F.2d 943 (7th Cir.1983) (municipal officers are absolutely immune when acting in legislative capacity; municipality itself is liable when agents act pursuant to established policy or custom); Kuzinich v. County of Santa Clara, 689 F.2d 1345 (9th Cir.1982) (members of local legislative bodies have complete immunity from suits based on their legislative acts, but no such immunity protects the county); Hernandez v. City of Lafayette, 643 F.2d 1188 (5th Cir.1981) (local legislators, including mayor, are entitled to absolute immunity from suit under § 1983 for conduct in the furtherance of their duties; city itself, however, is not immune), cert. denied, 455 U.S. 907, 102 S.Ct. 1251, 71 L.Ed.2d 444 (1982).