64 F.4th 1253
11th Cir.2023Background
- Plaintiffs (Kimberly ReGenesis, LLC and Damascus Trading Co., LLC) operate a sober home in Lee County, FL; they sought rezoning to expand and were denied by the county commission after public opposition.
- Plaintiffs sued Lee County under Title II of the ADA, alleging the county’s zoning decisions and denial of a reasonable accommodation discriminated against persons in recovery.
- During discovery plaintiffs noticed depositions of three nonparty county commissioners who voted to deny rezoning; the county moved for a protective order asserting the commissioners were protected by absolute quasi‑judicial immunity (and alternatively invoked the apex doctrine and proportionality).
- The magistrate judge (and then the district court) denied the protective order and limited the depositions to four combined hours on narrow topics; the commissioners did not appear or object below.
- The county and one commissioner (Pendergrass) appealed the denial of quasi‑judicial immunity; two commissioners died and were dismissed from the appeal. The Eleventh Circuit dismissed the appeal for lack of jurisdiction: the county lacked appellate standing and the commissioner was not a party and did not participate below.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lee County has appellate standing to challenge denial of quasi‑judicial immunity | Immunity for commissioners affects discovery burden on county and thus county can appeal | County argued commissioners were immune from discovery and county may appeal denial of that protection | Dismissed for lack of appellate standing: quasi‑judicial immunity is an official’s personal defense and does not belong to the municipality, so county was not aggrieved by denial of the commissioner’s immunity |
| Whether a nonparty commissioner who did not participate below may appeal denial of discovery protections | Commissioner argued he could not meaningfully participate because he was not subpoenaed and the county raised immunity on his behalf | Commissioner claimed the denial of immunity harmed him and thus he should be allowed to appeal | Dismissed: nonparty must be a party (or have become one) or have participated in district court proceedings to appeal; commissioner never intervened, moved for protection, or otherwise participated below |
| Whether quasi‑judicial immunity bars discovery of a nonparty commissioner | Even if immunity existed, immunity from suit does not automatically prohibit all discovery | County argued absolute quasi‑judicial immunity shields commissioners from depositions and discovery | Court did not reach the merits due to jurisdictional dismissal; lower courts had denied immunity for discovery purposes but Eleventh Circuit refused to adjudicate on appeal |
| Whether the commissioner’s late appearance on appeal cures failure to participate below | Plaintiffs: nonparty had options to participate and did not do so | Commissioner argued county’s assertion of immunity below sufficed and he could not timely appear | Rejected: a nonparty must timely participate below (e.g., move for protective order, assert privileges at deposition) to preserve appeal rights |
Key Cases Cited
- LaTele Television v. Telemundo Commc’ns Grp., LLC, 9 F.4th 1349 (11th Cir. 2021) (standard of review for appellate‑standing questions)
- Wolff v. Cash 4 Titles, 351 F.3d 1348 (11th Cir. 2003) (appellate standing requirement)
- United States v. Amodeo, 916 F.3d 967 (11th Cir. 2019) (appellate standing and who is aggrieved by an order)
- Owen v. City of Independence, 445 U.S. 622 (1980) (official immunities belong to the individual official, not the municipality)
- Kentucky v. Graham, 473 U.S. 159 (1985) (immunity defenses available to individual officials but not to suits against municipalities)
- Brandon v. Holt, 469 U.S. 464 (1985) (municipalities not entitled to qualified immunity)
- Devlin v. Scardelletti, 536 U.S. 1 (2002) (circumstances in which non‑named persons may appeal)
- Texas Brine Co. v. Occidental Chem. Corp., 879 F.3d 1224 (10th Cir. 2018) (nonparty that failed to timely participate below may not appeal)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (standing fundamentals: injury, causation, redressability)