Benedix v. Vill. of Hanover Park, No. 11-1096 (7th Cir. 2012)
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The village fired its village manager, at the same time restructuring its work force by abolishing three positions and creating one new slot. Plaintiff occupied an abolished position: executive coordinator to the village manager. Her suit under 42 U.S.C. 1983 claimed that she was fired because she was associated with the village manager, who had lost a political struggle. Because the village implemented its plan by ordinance, the district court dismissed on the ground of legislative immunity. The Seventh Circuit affirmed. An ordinance adopted through the legislative process, and having the force of law, is covered by legislative immunity no matter the motives of those who proposed, voted for, or otherwise supported the proposal. The court acknowledged that the ordinance made the termination an official village policy, for which the village does not enjoy immunity, but: "It is common to hold a person's associations against him ... it is an important part of the new officeholder's own right of association to be able to choose who to work with, the better to promote his ideas and policies." A position as a policymaker"s right-hand woman is "confidential" in nature.
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