Supreme Court of the United States
Filarsky v. Delia
April 17, 2012
Summary
The Supreme Court reversed the Ninth Circuit, holding that a private individual temporarily retained by the government to carry out its work is entitled to seek qualified immunity from suit under §1983. The Court reasoned that common law principles from 1871 did not distinguish between permanent and private public servants when according immunity, and government interests in avoiding timidity and attracting talent apply equally regardless of employment status. Concurrences by Justices Ginsburg and Sotomayor agreed on the outcome but emphasized that qualified immunity remains subject to the usual test of clearly established law.