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KENT v. OHIO HOUSE OF REPRESENTATIVES DEMOCRATIC

No. 21-3884.

33 F.4th 359 (2022)

Bernadine Kennedy KENT, former State Representative, Plaintiff-Appellant, v. OHIO HOUSE OF REPRESENTATIVES DEMOCRATIC CAUCUS; Emilia Sykes, Minority Leader; Fred Strahorn, State Representative, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 9, 2022.

Attorney(s) appearing for the Case

ON BRIEF: Nicholas R. Owens , THE LAW OFFICE OF NICHOLAS R. OWENS, Georgetown, Ohio, for Appellant. Andrew D. McCartney , Julie M. Pfeiffer , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellees.

SUTTON, C.J., delivered the opinion of the court in which GILMAN, J., joined. MOORE, J. (pp. 367-70), delivered a separate opinion concurring in the judgment only.

OPINION

Absolute immunity protects lawmakers from lawsuits for their legislative acts. At issue is whether the Ohio House Democratic Caucus performed a legislative act when it expelled a representative from its ranks and barred her from accessing party resources. We conclude that it did and affirm the district court...

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