A legislator is being sued under 42 U.S.C. 1983 for violating a constituent's civil rights. The legislator wants to assert legislative immunity as a defense.
What is the test for determining whether his actions fall within the scope of the grant of immunity?
EDIT: I already understand that "absolute legislative immunity attaches to all actions taken in the sphere of legitimate legislative activity"; my question is how we know whether an action is in that sphere. For the sake of example, imagine that Pat and Dan are neighbors who have always hated each other. Pat is elected the president of the school board. Pat wants to sue Dan for monetary damages based on the following actions:
Voting to reduce the number of teachers at Pat Jr.'s school;
Defaming Pat in an e-mail to a principal. The message is sent and received using government e-mail addresses, but its content has no connection to school district business.
Refusing to let Pat Jr.'s Eagle Scout troop make a presentation to the school board.
Ordering the police to arrest Pat for loudly coughing "bullshit" when Dan says he treats everyone fairly.
Punching Pat in the parking lot after the meeting.
Under generally applicable common-law principles, which of these claims should a court dismiss on the basis of legislative immunity, and what test should it use to decide which claims survive?