A federal judge has dismissed a lawsuit filed by a Delaware city councilman against other council members over the parceling out of taxpayer money for scholarships and other discretionary spending by each member.

Wilmington City Councilman Samuel Guy filed the lawsuit after learning last year that he was not allocated any money for discretionary spending while other newly elected or re-elected council members who took office last January were.

In a ruling dated Tuesday, the judge said the allocation of discretionary funds is a budgetary decision, and that the individual defendants have legislative immunity from being sued.

The judge also said Guy has no protected property interest in the discretionary funds, which are public funds.