Qualified immunity was reinforced in an April 17, 2012, U.S. Supreme Court decision (Filarsky v. Delia, 10-1018), which unanimously held that “a private individual temporarily retained by the government to carry out its work is entitled to seek qualified immunity from suit under Section 1983.”  The case involved a private attorney retained by the city of Rialto, California, to investigate questions involving a firefighter’s extended absence. 

The Court found that that the law “did not draw a distinction between public servants and private individuals engaged in public service in according protection to those carrying out government responsibilities.” 

ICMA, along with several other national organizations representing state and local government interests, filed an amicus brief in the case. More information about this case and the State and Local Legal Center can be found here.