Supreme Court of the United States

Filarsky v. Delia — Sotomayor, J., concurring

April 17, 2012132 S. Ct. 1657

Summary

Justice Sotomayor concurs in the judgment, agreeing that private counsel retained by a government entity can claim qualified immunity under § 1983 when they work closely with government employees, though she notes not all private government workers automatically qualify. She agrees with the majority that formal employment status is not necessary for immunity if the individual performs government work alongside official employees.