Filarsky v. Delia
Headline: Court allows a private lawyer hired by a city to claim government-style qualified immunity, reversing a lower court and making it easier for outside contractors doing government work to seek immunity.
Holding: The Court ruled that a private attorney retained by a municipality to assist in an official investigation may seek qualified immunity, reversing the denial based solely on his not being a permanent or full-time city employee.
- Allows outside lawyers and contractors doing government work to seek qualified immunity.
- Reverses lower-court denial based only on not being a full-time government employee.
- Does not guarantee immunity; usual clearly established-law test still applies.
Summary
Background
A city firefighter fell ill, missed work, and the city suspected he was doing construction instead of working. The city hired private investigators and retained a private attorney to run an internal probe. The attorney advised ordering the firefighter to bring rolls of insulation onto his lawn for inspection after the firefighter refused consent to a home search. The firefighter sued under a federal civil-rights law, claiming the inspection order violated his constitutional rights. Lower courts granted immunity to city officials but denied immunity to the private attorney because he was not a full-time city employee.
Reasoning
The central question was whether someone retained by the government but not a permanent employee can seek the same qualified immunity as public employees. The Court looked to historical common-law practice and prior decisions and concluded that protections historically covered people performing government duties even when not full-time. The Court explained immunity helps government function, avoids chilling qualified helpers, and prevents hard line-drawing about who counts as a public actor. It rejected a categorical rule denying immunity solely because the helper was not a permanent employee and reversed the lower court.
Real world impact
Outside lawyers, consultants, and contractors who perform government work can now seek qualified immunity in suits alleging constitutional violations. That does not guarantee protection in every case. The usual qualified-immunity test still applies, and liability can follow if the person’s actions violated clearly established law.
Dissents or concurrances
Two Justices joined the decision but stressed limits: one urged the lower court to decide whether the attorney’s conduct violated clearly established law on remand; the other warned that not every private actor will qualify and urged case-by-case review.
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