In
Borde v. Board of County Commissioners, the Tenth Circuit Court upheld a trial court's order denying immunity to County Commissioners for violating former employees' due process rights when, among other things, they failed to put on the agenda of the meeting that they would be considering the employment contract of the employees. Stating that placing an item on a legislative agenda does not implicate the legislative function, the Court ruled that the commissioners were not entitled to legislative immunity.