Judge Thomas Griesa
Levi’s daughter attends a private Modern-Orthodox Jewish school. Levi contends that Ultra-Orthodox Jews, rather than Modern-Orthodox Jews, have worked to prevent legislation that would reform private school practices to prevent child abuse. Levi’s 42 USC §1983 suit against New York State, both houses of its Legislature, and individual legislators alleged their violation of his and his daughter’s rights under the First and Fourteenth Amendments by failing to include private schools within the coverage of Project SAVE (Safe Schools Against Violence in Education). Levi sought declaratory and injunctive relief, requiring defendants to extend Project SAVE to private schools. The court dismissed suit, finding defendants protected by sovereign immunity under the Eleventh Amendment, and also by legislative immunity. Citing Supreme Court of Virginia v. Consumers Union of U.S. Inc. the court noted that state legislators are immune from suit under §1983 actions for declaratory or injunctive relief. Further, legislators are entitled to absolute immunity where they are performing legislative functions. Through their involvement with Project SAVE legislation, the subject state legislators were involved in legislative immunity.
