David POWELL; Shelean Parks; Patrice Everage; Julia A. Davis; Yvette Bland; Geraldine Newton; Maria M. Rivera; Mary E. Miller; Gregory Luzak; Catherine Luzak; Fu Zhen Xie; Black Clergy of Philadelphia and Vicinity; Philadelphia Branch Naacp; Aspira, Inc. of Pennsylvania; Parents Union for Public Schools; Citizens Committee on Public Education in Philadelphia; Parents United for Better Schools, Inc.; David W. Hornbeck, Superintendent, The School District of Philadelphia; Floyd W. Alston, President, Board of Education of the School District of Philadelphia; Board of Education of the School District of Philadelphia; the School District of Philadelphia; Edward G. Rendell, Mayor, City of Philadelphia; City of Philadelphia, Philadelphia Federation of Teachers Local 3; Ted Kirsch, President, Guardian Ad Litem, Intervenors in D.C.
v.
Thomas J. RIDGE, Governor of the Commonwealth of Pennsylvania; James P. Gallagher, Dr., Chairperson Commonwealth of Pennsylvania State Board of Education; Eugene W. Hickok, Dr., Secretary of Education; Barbara Hafer, Treasurer; Matthew J. Ryan; Robert C. Jubelirer; Jess M. Stairs; James J. Rhoades, Intervenors in D.C., Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued: January 18, 2001.
Filed April 6, 2001.
Attorney(s) appearing for the Case
John P. Krill, Jr., Esquire (Argued) Linda J. Shorey, Esquire Julia M. Glencer, Esquire Kirkpatrick & Lockhart, Harrisburg, Pennsylvania 17101, Attorney for Appellants Matthew J. Ryan, Robert C. Jubelirer, Jess M. Stairs and James J. Rhoades.
James J. Rodgers, Esquire (Argued) Lynn R. Rauch, Esq. Dilworth, Paxson, Kalish & Kauffman 1735 Market Street 3200 The Mellon Bank Center Philadelphia, Pennsylvania 19103 Patricia A. Brannan, Esquire Hogan & Hartson 555 13th Street, N.W. Washington, D.C. 20004-1109 William T. Coleman, Jr., Esquire Stephen J. Harburg, Esquire O'Melveny & Myers 555 13th Street, N.W. Suite 500 West Washington, D.C. 20004, Attorneys for Appellees Shelean Parks, Yvette Bland, Gregory Luzak, Catherine Luzak, Fu Zhen Xie, Floyd W. Alston, President, Board of Education of the School District of Philadelphia, David W. Hornbeck, Superintendent, The School District of Pennsylvania, Board of Education School District, Philadelphia, and School District of Philadelphia.
Michael Churchill, Esquire Public Interest Law Center of Philadelphia 125 So. 9th Street, Suite 700 Philadelphia, PA 19107, Attorneys for Appellees David Powell, Patrice Everage, Julia A. Davis, Geraldine Newton, Maria M. Rivera, Mary E. Miller, Black Clergy of Philadelphia and Vicinity, Philadelphia Branch NAACP, Aspira, Inc. of Pennsylvania, Parents Union for Public Schools, Citizens Committee on Public Education in Philadelphia, and Parents United for Better Schools, Inc.
Jane L. Istvan, Esquire City of Philadelphia Law Department 1515 Arch Street, One Parkway Philadelphia, PA 19102, Attorneys for Appellees Edward G. Rendell, Mayor, City of Philadelphia, and City of Philadelphia.
Ralph J. Teti, Esquire Willig, Williams & Davidson 1845 Walnut Street 24th Floor Philadelphia, PA 19103, Attorneys for Appellees Philadelphia Federation of Teachers Local 3, and Ted Kirsch, President, Guardian ad litem.
Edward F. Mannino, Esquire Akin, Gump, Strauss, Hauer & Feld 2005 Market Street One Commerce Square, Suite 2200 Philadelphia, PA, 19103, Attorneys for Appellees Thomas Ridge, Governor of the Commonwealth of Pennsylvania, James P. Gallagher, Dr., Chairperson Commonwealth of Pennsylvania State Board of Education, Eugene W. Hickok, Dr., Secretary of Education and Barbara Hafer, Treasurer.
BEFORE: ROTH, BARRY, Circuit Judges and SHADUR, District Judge.
United States Court of Appeals, Third Circuit.
BARRY, Circuit Judge:
Appellants suggest that we recognize a form of legislative immunity heretofore unknown in the law, one which can best be described as "partial legislative immunity." Thus, and it is not disputed, the immunity appellants assert would enable them to seek discovery, but not respond to it; take depositions, but not be deposed; and testify at trial, but not be cross examined. Moreover, appellants presumably believe that when they come upon an aspect...
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