With no explanation, chose the best option from "A", "B", "C" or "D". the hallmarks of traditional legislation.” Bogan, 523 U.S. at 54-56, 118 S.Ct. 966. Such traditional legislation includes “policymaking decisions] implicating budgetary priories ... and the services the [government] provides to its constituents.” Id. Legislative immunity applies to acts within the “legislative sphere” even w sparse record, the Court cannot state as a matter of law that Defendants are entitled to legislative immunity. See Phillips v. Town of Brookhaven, 216 A.D.2d 374, 375, 628 N.Y.S.2d 723 (2d Dep’t 1995) (stating that “[i]t cannot be determined on the instant record that the individual defendants were acting exclusively in a legislative capacity, which is required for immunity to attach”); see also Moxley v. Town of Walkersville, 601 F.Supp.2d 648, 662 (D.Md.2009) (<HOLDING>). This ruling does not prevent Defendants from

A: holding that the burden is on the defendants to establish the existence of absolute legislative immunity
B: recognizing the authority of the district court to dismiss an action pursuant to  1915d based on the doctrine of qualified immunity
C: holding that the doctrine of legislative immunity is not uniquely asserted on motions to dismiss
D: holding that legislative immunity does not depend on motivation for legislative action even if the motive was to impinge on plaintiffs free speech rights
C.