Filarsky v. Delia — Ginsburg, J., concurring

Summary

Justice Ginsburg concurs with the majority that a private attorney retained by a municipality to investigate a personnel matter is eligible for qualified immunity in a §1983 suit, and she holds that the Ninth Circuit’s denial of that immunity must be reversed. She notes that the issue should be remanded for the lower court to apply the clearly‑established‑law standard to Filarsky’s conduct. Justice Sotomayor’s separate concurrence agrees with the result but adds nuance on when private actors may claim immunity.