754 F.Supp.3d 1178
N.D. Fla.2024Background
- Plaintiffs challenge the Escambia County School Board’s (the Board) removal or restriction of certain library books, alleging First Amendment violations based on viewpoint discrimination.
- Plaintiffs sought to depose the Board’s five elected members to inquire into their motivations for removing or restricting the books.
- The Board moved for a protective order, asserting the doctrine of legislative privilege to bar these depositions; the initial motion was denied without prejudice.
- The Board then refiled the motion with affidavits from each member invoking legislative privilege.
- The core factual dispute centers on whether the Board’s actions—removing/restricting books via district policy after public notice and debate—are legislative or administrative acts.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Whether legislative privilege bars depositions of Board members regarding book removal decisions | Legislative privilege does not apply because the Board’s actions were administrative/managerial, not legislative | Legislative privilege applies since removing/restricting books via districtwide policy is legislative | Legislative privilege applies; depositions barred |
| Whether Board member privilege was waived by document production in discovery | Privilege was waived when the Board produced emails/notes without objection | Privilege is personal to members, and Board-wide discovery production cannot waive it for individuals | No waiver; privilege remains intact |
Key Cases Cited
- Bogan v. Scott-Harris, 523 U.S. 44 (1998) (legislative privilege protects against inquiry into motives for legislative acts)
- Woods v. Gamel, 132 F.3d 1417 (11th Cir. 1998) (voting and policymaking by elected bodies generally are legislative acts)
- Brown v. Crawford County, 960 F.2d 1002 (11th Cir. 1992) (distinguishing legislative from administrative acts by substance and generality)
- Yeldell v. Cooper Green Hosp., Inc., 956 F.2d 1056 (11th Cir. 1992) (legislative acts involve policymaking and general application)