Bryant et al. v. Jones
575 F.3d 1281 (11th Cir. 2009) (July)
The CEO of DeKalb County, Georgia began instituting a plan to replace all of the county’s white county managers with African-American ones. White city managers, and one African-American one who refused to go along with this plan, alleged that they began to experience discrimination and hostility in the work place in an effort to force them into resigning. Some also had their positions eliminated or were reassigned to essentially menial positions. Several of these managers filed a complaint against the CEO, his executive assistant, and others alleging violations of the Equal Protection Clause of the Fourteenth Amendment and other violations of their rights. The defendants all argued that they had qualified immunity for their actions, and the executive assistant argued that he had legislative immunity. The trial judge rejected all claims of immunity. On appeal, the Court affirmed the denial of qualified immunity. It held that the defendants engaged in harassing behavior and that the plaintiffs had the right to be free of such discrimination, among other things. The legislative immunity denial was reversed, however. The executive assistant drafted a proposed budget which eliminated a plaintiff’s position, and the Court held this to be a legislative action entitled to absolute immunity.