Filarsky v. Delia

Brief ot the American Bar Association as Amicus Curiae in Support of the Petitioner

more+
less-

On November 21, 2011, on behalf of the American Bar Association, we filed this amicus brief in Filarsky v. Delia, No. 10-1018 (cert. granted Sep. 27, 2011).

The issue in the case involves the immunities that lawyers may be entitled to claim in civil rights actions under 42 U.S.C. § 1983. It's not a land use case, our usual focus, but since every land use and takings lawyer must know the contours of section 1983 law, we thought we'd follow along. Of course, the issue is also of great interest to the ABA's State & Local Government Law Section (I chair the Section's Condemnation Law Practice Area, and run the CLE programs for the Section), so when ABA asked if we and our SLG colleagues would do a brief, we naturally agreed.

The issue in the case is whether Mr. Filarsky, a private lawyer retained by the City of Rialto, California to conduct a portion of the city's internal investigation of a city employee, is entitled to claim the same qualified immunity that is generally available to government employees acting in good faith who are defendants in 1983 actions. The Ninth Circuit concluded he could not avail himself of that defense, merely because he was not a government "employee."

Our brief argues that he should be entitled to claim the same immunity since he was acting in the same capacity as a government-employed lawyer. The brief also points out that a contrary rule will severely impact the willingness of private lawyers to provide legal services to state and local governments.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Appellate Brief | Federal, U.S. Supreme Court | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Robert Thomas, Damon Key Leong Kupchak Hastert | Attorney Advertising

Written by:

more+
less-

Damon Key Leong Kupchak Hastert on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×