Olson v. Lesch

931 N.W.2d 832
CourtCourt of Appeals of Minnesota
DecidedJuly 1, 2019
DocketA18-1694
StatusPublished
Cited by2 cases

This text of 931 N.W.2d 832 (Olson v. Lesch) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Olson v. Lesch, 931 N.W.2d 832 (Mich. Ct. App. 2019).

Opinion

JESSON, Judge

Appellant John Lesch challenges the district court's determination that he is not entitled to legislative immunity from respondent Lyndsey Olson's defamation suit stemming from a letter Lesch wrote to the mayor of St. Paul. We conclude that the letter is not an act within the sphere of legitimate legislative activity. Accordingly, we affirm.

FACTS

Appellant John Lesch is the state representative for house district 66B, which includes part of Ramsey County. Respondent Lyndsey Olson is the current St. Paul City Attorney and has a background in the Minnesota National Guard.

This case arises from a letter that Lesch sent to the newly elected mayor of St. Paul in early January 2018. In that letter, Lesch congratulated the mayor on a well organized inauguration ceremony. Lesch then noted his experience with previous city administrations regarding lobbying and indicated his interest in beginning a conversation with the mayor's lobbying team before the legislative session began. He then expressed reservations about the mayor's hiring process for department heads.

After noting general apprehension about the mayor's hiring process, Lesch focused on the mayor's appointment of Olson as St. Paul City Attorney. Lesch wrote that he was surprised by the mayor's selection, and that if he had known Olson was being considered for the position, he "would have registered grave concerns over her fit for the office." The letter continued to outline Lesch's concerns, which included his assertion that his "own experience with Ms. Olson in the Minnesota National Guard revealed her to be a prosecutor who would sacrifice justice in pursuit of a political win-even going so far as to commit misconduct to do so," and that the Minnesota National Guard investigated Olson for running a "toxic working environment." Lesch stated his "great concern" over "an in-coming City Attorney with a preexisting track record of integrity questions and *835management problems" and expressed his vested interest in the success of the St. Paul City Attorney's office as a former member of that office. Lesch then closed his letter by requesting that the mayor disclose several documents related to the hiring of Olson, including any information about investigations of Olson by the Minnesota National Guard and Olson's disciplinary record.

Based on Lesch's statements in his letter to the mayor, Olson filed a lawsuit against Lesch for defamation per se. Lesch filed a motion to dismiss the action, based in part on his argument that he is entitled to legislative immunity under Minnesota Statutes section 540.13 and the speech or debate clause of the Minnesota Constitution. The district court concluded that Lesch was not entitled to immunity and denied his motion to dismiss. Lesch appeals.1

ISSUE

Is Lesch entitled to legislative immunity?

ANALYSIS

Lesch contends that he is entitled to immunity from Olson's suit pursuant to both Minnesota Statutes section 540.13 and the speech or debate clause of the Minnesota Constitution, which provides that, "[f]or any speech or debate in either house they shall not be questioned in any other place." Minn. Const. art. IV, § 10. We review the question of applicability of immunity de novo. Kariniemi v. City of Rockford , 882 N.W.2d 593, 599 (Minn. 2016).

In order to determine whether Lesch is entitled to immunity, we begin by first considering the background and purpose of legislative immunity. In doing so, we turn to federal caselaw for guidance, as the speech or debate clause in the Minnesota Constitution mirrors the speech or debate clause found in the United States Constitution. See U.S. Const. art. I, § 6 (stating that "for any [s]peech or [d]ebate in either House, they shall not be questioned in any other [p]lace"); see also Kahn v. Griffin , 701 N.W.2d 815, 824 (Minn. 2005) (noting that when interpreting the Minnesota Constitution, the supreme court favors uniformity with the United States Constitution and will not "lightly reject" the Supreme Court's interpretation of "substantially similar language"). With that backdrop in mind, we analyze whether Lesch's letter is a legislative act within the sphere of legitimate legislative activity such that he is immune from Olson's suit. Because we conclude that the letter is not a legislative act, Lesch is not entitled to either statutory immunity or immunity under the speech or debate clause.

Background and Purpose

We begin our analysis by considering the historical purpose of legislative immunity. Prior to the adoption of the United States Constitution, "the instigation of criminal charges against critical or disfavored legislators by the executive in a judicial forum was the chief fear prompting the long struggle for parliamentary privilege in England." United States v. Johnson , 383 U.S. 169, 182, 86 S. Ct. 749, 756, 15 L.Ed.2d 681 (1966). Consistent with our system of separation of powers, then, the purpose of the speech or debate clause is to protect legislators from intimidation by the executive branch and "accountability before a possibly hostile judiciary." Id. at 180-81, 86 S. Ct. at 755.

*836In interpreting the protections offered by the speech or debate clause, courts are to construe the clause broadly. Kilbourn v. Thompson , 103 U.S. 168, 204, 26 L.Ed. 377 (1880). And while the essence of protected activity is-as the name suggests-speech or debate on the floor of the legislature, courts have determined that immunity under the speech or debate clause extends to matters other than "pure speech or debate in either [h]ouse." Gravel v. United States , 408 U.S. 606

Free access — add to your briefcase to read the full text and ask questions with AI

Related

LEG. OF THE STATE OF NEV. VS. SETTELMEYER
2021 NV 21 (Nevada Supreme Court, 2021)
Reilly v. Marin Housing Authority
California Supreme Court, 2020

Cite This Page — Counsel Stack

Bluebook (online)
931 N.W.2d 832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olson-v-lesch-minnctapp-2019.