Legal Opinion · Concurrence

Powell v. Ridge

Court of Appeals for the Third Circuit

Decided April 6, 2001No. 00-1711Unknown

1ConcurrenceRoth, Circuit Judge

I agree with the Majority that the asserted legislative immunity from discovery has no basis in law and must be denied. The immunity asserted is unprecedented in its scope and breadth. The four Legislative Leaders, who knowingly and voluntarily intervened as defendants in this litigation and wish to remain as such, argue that they should enjoy all the rights associated with being parties to federal litigation while bearing none of the burdens or responsibilities. I have found nothing to support the idea that a state legislator who remains a party to civil litigation is immune from compliance…

2Cases cited19 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Mitchell v. ForsythSupreme Court of the United States · 1985
  3. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  4. Digital Equipment Corp. v. Desktop Direct, Inc.Supreme Court of the United States · 1994
  5. Supreme Court of Virginia v. Consumers Union of the United States, Inc.Supreme Court of the United States · 1980

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