constitutional law · defense
Legislative immunity is a doctrine that grants lawmakers protection from civil suits for actions that occur in the course of their official legislative functions. This immunity is intended to ensure that legislators can perform their duties without the fear of personal liability or harassment.
The action taken must be within the scope of the legislator's official duties.
What to prove: It must be shown that the action was a part of the legislative process, such as drafting, proposing, or voting on legislation.
The act must be carried out with the intention to fulfill a legislative purpose.
What to prove: It must be demonstrated that the action was motivated by a desire to advance legislative goals or objectives.
The burden is on the plaintiff to prove that the act was not legislative in nature, and the standard applies is typically a preponderance of the evidence.
Keep in mind that this doctrine often intersects with other constitutional protections, such as executive and judicial immunity, and expect questions that require distinguishing legislative actions from non-legislative ones.