Don Shooter, left, during the 2018 vote to oust him from the House, and J.D. Mesnard in 2018 when he was speaker of the Arizona House. Mesnard claims he is protected by legislative immunity from a future lawsuit by Shooter. /Howard Fischer/Capitol Media Services file
Mesnard seeks immunity from Shooter lawsuit
By Howard Fischer | Capitol Media Services via Arizona Capitol Times
The Arizona Supreme Court has agreed to decide the scope of immunity provided to state lawmakers.
Without comment the justices on December 16 agreed to hear arguments by former House Speaker J.D. Mesnard that he cannot be sued by ousted state Rep. Don Shooter because he released an investigative report nearly three years ago concluding that the Yuma Republican was guilty of sexual harassment of others. Mesnard claims that falls “within the sphere of legitimate legislative activity” which generally immunizes legislators from legal action.
The court also has agreed to decide whether that “sphere” covers the separate decision by Mesnard, now a state senator representing Chandler, to issue a press release explaining his actions.
Shooter contends that release falls outside any official legislative action. And that, he argues, allows him to sue Mesnard over alleged “false and misleading statements” about the report and its findings.
