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Lyndsey Olson v. John Lesch. MN legislative immunity
Shortly after St. Paul, MN, mayor Melvin Carter was sworn in, legislator John Lesch sent him a letter marked "personal and confidential." The letter was on official letterhead, and did mention lobbying efforts, and sought some information from the mayor. After congratulating the new mayor, he addressed a number of topics. The bulk of the letter discussed the mayor's possible appointment of Lyndsey Olson as the St. Paul City Attorney, an office which Lesch previously held. According to Lesch's letter, Olson had a "track record of integrity questions and management problems" and was not a good fit for the job.
The letter concluded by saying that it was a personal letter and would not be shared.
Upon getting wind of the letter, Olson sued Lesch for defamation. Lesch moved to dismiss on the grounds that he had immunity under the Speech or Debate clause of the Minnesota Constitution and under Minn. Stat. 540.13. The district court denied this motion, and the Minnesota Court of Appeals affirmed. Lesch petitioned to Minnesota Supreme Court for review, and the high court agreed to hear the case.
The Speech and Debate clause of the constitution provides as follows:
The members of each house in all cases except treason, felony and breach of the peace, shall be privileged from arrest during the session of their respective houses and in going to or returning from the same. For any speech or debate in either house they shall not be questioned in any other place.
The court pointed out that this clause provides an absolute privilege, in the discharge of official duties. The court agreed with the lower court's that Lesch's letter was not protected, since it was incidentally related to legislative affairs, but not part of the legislative process itself.
The court first noted that the legislature was not in session when the letter was written. And there was nothing in the letter indicating that Lesch was fulfilling legislative duties. Instead, the court characterized the letter as "highly personal."
The court next turned to the statute, which states that members of the legislature shall not be liable in civil actions for acts done "in pursuance of legislative duties." While the court noted that this statute is more expansive than the immunity granted by the constitution, it also agreed that it did not apply.
But the court noted that the letter did not relate to any pending or anticipated legislative activity. While there were some general references to legislative duties, there was nothing to show that it was in pursuit of any specific duty.
The court also stressed that the letter was marked "personal and confidential," further showing that it was sent in a personal capacity. The letter also mentioned his involvement as an attorney in litigation. Under these facts, the court held that the letter was not in furtherance of legislative duties. Therefore, it affirmed the lower courts.
No. A18-1694 (Minn. May 27, 2020).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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