Filarsky v. Delia
United States Supreme Court
566 U.S. 377, 132 S. Ct. 1657, 182 L.Ed.2d 662 (2012)
- Written by Salina Kennedy, JD
Facts
The city of Rialto, California (the city) hired Steve Filarsky (defendant), a private attorney, to assist with its investigation of Nicholas Delia (plaintiff), a city firefighter suspected of abusing the city’s sick-leave policy. Delia subsequently sued Filarsky pursuant to 42 U.S.C. § 1983, alleging that his constitutional rights had been violated during the investigation. The district court dismissed the case, reasoning that Filarsky was protected by qualified immunity. The court of appeals reversed, finding that Filarsky was not entitled to qualified immunity because he was not a full-time city employee. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Roberts, J.)
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