## Facts

- Nicholas Delia, a City of Rialto firefighter, took extended sick leave after becoming ill while responding to a toxic spill.
- City officials suspected Delia’s leave was improper and hired a private investigator, who saw Delia purchasing building supplies.
- The City opened an internal affairs investigation and retained Steve Filarsky, a private attorney, to help conduct an investigative interview.
- During the interview (with Delia’s lawyer and City officials present), Delia admitted buying materials but denied doing home-improvement work.
- After Delia refused consent for a City official to enter his home, Filarsky directed Delia to bring the materials out for inspection; Delia later produced the materials at his home.
- Delia sued under 42 U.S.C. § 1983, alleging the directive to produce materials violated his Fourth and Fourteenth Amendment rights.

## Issues

1. Whether a private individual temporarily retained by a government entity to perform government work is categorically barred from asserting qualified immunity in a § 1983 action solely because he is not a permanent government employee.

## Decision

- The Supreme Court unanimously reversed the judgment denying Filarsky qualified immunity.
- The Court held that a private individual temporarily retained by the government to carry out its work may seek qualified immunity from suit under § 1983.
- The Court rejected a bright-line rule distinguishing full-time public employees from private individuals performing the same government functions.

## Legal Principles

- Qualified immunity under § 1983 generally turns on function and common-law background, not on whether the defendant is a permanent government employee.
- Historical practice at the time § 1983 was enacted did not generally distinguish between full-time public officials and private individuals engaged in public service when affording immunities for government-related acts.
- The purposes of qualified immunity—preventing undue deterrence and protecting effective performance of public duties—apply similarly to private persons hired to perform government tasks alongside public employees.
- Prior decisions denying immunity to certain private actors do not establish a categorical rule against qualified immunity for all private parties assisting government; context and function matter.

## Conclusion

The Court held that an attorney privately retained to assist a city’s internal affairs investigation could invoke qualified immunity in a § 1983 suit, because immunity is not categorically unavailable to temporary private actors performing government work.


Filarsky v. Delia, 566 U.S. 377 (2012)