Bagley v. Blagojevich, No. 10-1389 (7th Cir. 2011)
Annotate this CaseFormer captains from the Illinois Department of Corrections sued state and union officials, alleging that the defendants unlawfully punished them for seeking to organize with a rival union. The district court entered summary for the defendants, including a decision that the governor was protected by immunity. The governor's line-item veto of funding for captains' positions was legislative in nature and, therefore, protected by immunity and the plaintiffs failed to tie the governor to any allegedly-retaliatory actions before or after the veto. The decision to eliminate the middle management position at issue was a policy decision, unlike hiring or firing a particular individual, regardless of the subsequent creation of a new, similar position. The captains did not show how deposing the governor or more extensive deposition of the deputy chief of staff would lead to relevant evidence on the immunity issue. That two unions were competing to represent the captains did not establish a conspiracy between one of the unions and the administration with respect to determining the seniority of captains who took positions as corrections officers after their positions were eliminated.
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