[1] From 1981 to 1997, respondent Janet Scott-Harris was the administrator for the Department of Health and Human Services (DHHS) in Fall River, Massachusetts.

In anticipation of a 5 to 10 percent reduction in state aid, he proposed a freeze on the salaries of municipal employees, as well as the elimination of 135 city positions.

In her lawsuit, Scott-Harris alleged that the elimination of her position was motivated by racial animus and her exercising her First Amendment right by moving to terminate Blitcliffe's employment.

Quoting Tenney v. Brandhove, he says: The privilege of absolute immunity "would be of little value if [legislators] could be subjected to the cost and inconvenience and distractions of a trial upon a conclusion of the pleader, or to the hazard of a judgment against them based upon a jury's speculation as to motives.

"Having dispensed with the need to consider the motive behind the acts at issue, Thomas settles on the view that the actions taken by the city were clearly legislative.