On May 21, Illinois State Senator Sam McCann mostly lost his lawsuit against Senator William E. Brady, the leader of the Republicans in the State Senate. McCann v Brady, n.d., 1:18cv-3115. Here is the 18-page opinion. Senator McCann had announced earlier that he was leaving the Republican Party and would run as the Conservative Party nominee for Governor this year. But he still considered himself a member of the Republican caucus, so when he was expelled, he sued.

The decision says that state legislators, along with members of Congress, have immunity for actions taken in their legislative actions. It says, “The doctrine of legislative immunity restricts the ability of individuals to bring private civil suits against legislators for damages or injunctive relief…The concept of legislative immunity arises from the Speech or Debate Clause of Article I of the United States Constitution, which states, with regard to members of the United States Congress, that ‘for any Speech or Debate in either House, they shall not be questioned in any other Place.”

The decision says that possibly McCann can sue the Republican Caucus, and gives him an opportunity to file an amended Complaint. The caucus is already a defendant in the case, but the briefs did not flesh out McCann’s case against the caucus.