TBA Law Blog

Posted by: Suzanne Craig Robertson on Apr 17, 2012

The U.S. Supreme Court has ruled on behalf of a private lawyer who advised a California town, saying he is entitled to the same qualified immunity as a public employee. Chief Justice John G. Roberts Jr. wrote the unanimous opinion in Filarsky v. Delia. The common law rule, he wrote, did not draw a distinction between immunity for public servants and private individuals engaged in public service. That rule should be carried forward in suits claiming constitutional violations under Section 1983 of the Civil Rights Act, he said. Get the details from ABAJournal.com