HIRA EDUC. SERVICES NORTH AMERICA v. AUGUSTINE

No. 18-2377, No. 18-2378, No. 18-2400.

991 F.3d 180 (2021)

HIRA EDUCATIONAL SERVICES NORTH AMERICA v. Frank AUGUSTINE, in his official capacity as Chairman of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Albert Burick, III, in his official capacity as Supervisor and Secretary-Treasurer of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Russell Riley, in his official capacity as Vice Chairman of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Curt Topper, in his official capacity as Secretary of the Pennsylvania Department of General Services; Joshua Lamancusa, in his official capacity as District Attorney at the Lawrence County District Attorney's Office in Pennsylvania; Bruce Leonatti, in his official capacity as President of the Pittsburgh Chapter of Act for America; Aaron Bernstine, in his individual capacity as State Representative of the PA State House of Representatives; Christopher Sainato, in his individual capacity as State Representative of the PA State House of Representatives; Elder Vogel, Jr., in his individual capacity as Senator at the PA State Senate, Christopher Sainato, Appellant HIRA Educational Services North America v. Frank Augustine, in his official capacity as Chairman of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Albert Burick, III, in his official capacity as Supervisor and Secretary-Treasurer of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Russell Riley, in his official capacity as Vice Chairman of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Curt Topper, in his official capacity as Secretary of the Pennsylvania Department of General Services; Joshua Lamancusa, in his official capacity as District Attorney at the Lawrence County District Attorney's Office in Pennsylvania; Bruce Leonatti, in his official capacity as President of the Pittsburgh Chapter of Act for America; Aaron Bernstine, in his individual capacity as State Representative of the PA State House of Representatives; Christopher Sainato, in his individual capacity as State Representative of the PA State House of Representatives; Elder Vogel, Jr., in his individual capacity as Senator at the PA State Senate, Aaron Bernstine, Appellant HIRA Educational Services North America v. Frank Augustine, in his official capacity as Chairman of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Albert Burick, III, in his official capacity as Supervisor and Secretary-Treasurer of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Russell Riley, in his official capacity as Vice Chairman of the Board of Supervisors of the Twp of Shenango, Lawrence County, Pennsylvania; Curt Topper, in his official capacity as Secretary of the Pennsylvania Department of General Services; Joshua Lamancusa, in his official capacity as District Attorney at the Lawrence County District Attorney's Office in Pennsylvania; Bruce Leonatti, in his official capacity as President of the Pittsburgh Chapter of Act for America; Aaron Bernstine, in his individual capacity as State Representative of the PA State House of Representatives; Christopher Sainato, in his individual capacity as State Representative of the PA State House of Representatives; Elder Vogel, Jr., in his individual capacity as Senator at the PA State Senate, Elder Vogel, Jr., Appellant.

United States Court of Appeals, Third Circuit.

Filed: March 15, 2021.


Attorney(s) appearing for the Case

Jonathan F. Bloom , Karl S. Myers [argued], Melissa L. Perry , STRADLEY RONON, STEVENS & YOUNG, LLP, 2600 One Commerce Square, Philadelphia, PA 19103, Attorneys for Appellant Representative Christopher Sainato.

Arthur H. Stroyd, Jr. , Zachary N. Gordon [argued], Del Sole Cavanaugh Stroyd LLC, Three PPG Place, Suite 600, Pittsburgh, PA 15222, Attorneys for Appellant Representative Aaron Bernstine.

John P. Krill, Jr. , Anthony R. Holtzman [argued], Mark A. Rush , Thomas R. DeCesar , K&L Gates LLP, 17 North Second Street, 18th Floor, Harrisburg, PA 17101-1507, Attorneys for Appellant Senator Elder Vogel Jr.

Christina A. Jump [argued], Charles D. Swift , 833 E. Arapaho Rd., Suite 102, Richardson, Texas 75081, Attorneys for the Appellee.

Before: HARDIMAN, GREENBERG, and SCIRICA, Circuit Judges.


OPINION OF THE COURT

This interlocutory appeal was filed by three Pennsylvania legislators. Senator Elder Vogel and Representatives Christopher Sainato and Aaron Bernstine (collectively, Legislators) seek review of District Court orders denying them absolute legislative immunity and qualified immunity from claims...

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