- Posted November 24, 2011
- Tweet This | Share on Facebook
Private lawyers hired for govt. work should have qualified immunity, ABA says in brief

In an amicus brief filed late Monday in Filarsky v. Delia, the American Bar Association is urging the U.S. Supreme Court to protect the public interest by ruling that outside lawyers retained by public entities to do government legal work are entitled to the same immunity from related lawsuits that government employees have.
Steve A. Filarsky, a private lawyer, was retained by the City of Rialto, Calif., to provide labor and employment law guidance in an investigation involving firefighter Nicholas B. Delia. When Delia later sued the city, its personnel and Filarsky for civil rights violations, all defendants asserted qualified immunity, which the district court granted. The Ninth Circuit reversed as to Filarsky, concluding that he was not entitled to qualified immunity based on his status as a private lawyer.
The ABA is asking the justices to overturn the Ninth Circuit's reversal. Oral arguments are scheduled for Jan. 17.
"State and local governments frequently must retain private counsel for the effective and efficient performance of core governmental functions," the ABA brief states. Denying qualified immunity to outside lawyers from lawsuits stemming from their government work would deter them from representing public entities and "significantly impact the vital contributions that private attorneys make to effective government performance. On the other hand, ensuring qualified immunity would promote the strong public interest in the continuing representation of public entities by private counsel," the ABA concludes.
The brief is available online at www.abanow.org/wordpress/wp-content/files_flutter/1321915101filarsky_v_delia_112111.pdf.
Published: Thu, Nov 24, 2011
headlines Oakland County
- Whitmer signs gun violence prevention legislation
- Department of Attorney General conducts statewide warrant sweep, arrests 9
- Adoptive families across Michigan recognized during Adoption Day and Month
- Reproductive Health Act signed into law
- Case study: Documentary highlights history of courts in the Eastern District
headlines National
- NextGen UBE ‘blueprint’ welcome, but more info on new bar exams needed, sources say
- ACLU and BigLaw firm use ‘Orange is the New Black’ in hashtag effort to promote NY jail reform
- Lawyer accused of hitting rapper Fat Joe’s process server with his car
- Trump administration sues Maryland federal court and its judges over standing order on deportations
- Law firms consider increasing capital contributions by equity partners
- BigLaw firm lays off 5% of business professional staff