Young v. Mercer County Commission, No. 16-1324 (8th Cir. 2017)
Annotate this CasePlaintiff John Young and the Commission entered into a Prosecutor/County Lease Agreement covering plaintiff's office building. After the Commission passed an ordinance that mandated that every resident of the county be assigned a permanent 911 address, John and Georgetta Young filed suit alleging claims centered on their contention that defendants retaliated against them for their address complaints. On appeal, plaintiffs challenge the district court's holding that defendants were protected by legislative immunity or, in the alternative, by qualified immunity. The court concluded that the district court correctly ruled that the Commissioners were entitled to legislative immunity for denying plaintiff's budget request, terminating the Agreement, and ceasing the $350.00 monthly rental payments. Furthermore, the district court properly found that the Commissioners are entitled to qualified immunity as to their request that the state attorney general review the legality of the Agreement. Accordingly, the court affirmed the district court's grant of summary judgment for the Commissioners.
Court Description: Shepherd, Author, with Colloton and Melloy, Circuit Judges] Civil case - Civil rights. On plaintiff's claim that defendants breached a lease agreement and denied his budget request for part-time help in retaliation for his complaints that the Commission violated his civil rights by passing an ordinance requiring every county resident to have a permanent 911 address and by assigning him an address he did not desire, defendants were entitled to legislative immunity; the district court properly found that the County Commissioners were entitled to qualified immunity as to their request that the state attorney general review the legality of the lease agreement. Judge Melloy, concurring.
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