On April 17, 2012, the Supreme Court announced its decision in Filarsky v. Delia. The question in this case was whether a lawyer retained to assist government employees with an internal affairs investigation may, in a subsequent lawsuit against the lawyer and arising out of the lawyer’s conduct during the investigation, assert the “qualified immunity” defense available to government employees in such circumstances.
In an opinion delivered by Chief Justice Roberts, the Court held unanimously that the lawyer was entitled to the same qualified immunity from suit available to the government employees. Justice Ginsburg and Justice Sotomayor each filed a concurring opinion.
To discuss the case, we have Frank Valenzuela, who is a Member at Fanning Harper Martinson Brandt & Kutchin, P.C.