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LEAPHEART v. WILLIAMSON

No. 12-1516.

705 F.3d 310 (2013)

Catherine LEAPHEART, Plaintiff-Appellee v. Tyrone WILLIAMSON, Individually and as Mayor for the City of Russellville, Arkansas; Cliff Kirchner, Individually and as city council for the City of Russellville, Arkansas; Phillip Carruth, Individually and as city council for the City of Russellville, Arkansas; Freddie Harris, Individually and as city council for the City of Russellville, Arkansas; Bill Eaton, Individually and as city council for the City of Russellville, Arkansas; Robert Wiley, Individually and as city council for the City of Russellville, Arkansas; Kevin Freeman, Individually and as city council for the City of Russellville, Arkansas; Randal Crouch, Individually and as city council for the City of Russellville, Arkansas; Garland Steuber, Individually and as city council for the City of Russellville, Arkansas, Defendants-Appellants. Larry Holman, Individually and as city council for the City of Russellville, Arkansas, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: January 29, 2013.

Attorney(s) appearing for the Case

John Lennon Wilkerson , argued, North Little Rock, AR, for Appellants.

Morgan E. Welch , argued, Ashley Welch Hudson , on the brief, North Little Rock, AR, for Appellee.

Before RILEY, Chief Judge, WOLLMAN and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Catherine Leapheart sued the former Mayor of the City of Russellville, Arkansas, and the members of the Russellville City Council in federal district court, alleging age and race discrimination. The City Council members (hereinafter "Defendants") filed a motion for summary judgment, asserting legislative immunity with respect to the claims against them in their individual capacities. The district court denied the claim of legislative immunity...

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