filarsky delia argued january decided april respondent delia firefighter employed city rialto california missed work becoming ill job suspicious delia extended absence city hired private investigation firm conduct surveillance delia seen buying fiberglass insulation building supplies city initiated internal affairs investigation hired petitioner filarsky private attorney interview delia interview delia attorney two fire department officials also attended delia acknowledged buying supplies denied done work home verify delia claim filarsky asked delia allow fire department official enter home view unused materials delia refused filarsky ordered bring materials home official see prompted delia attorney threaten civil rights action city filarsky nonetheless interview concluded officials followed delia home produced materials delia brought action city fire department filarsky individuals alleging order produce building materials violated fourth fourteenth amendment rights district granted summary judgment individual defendants basis qualified immunity appeals ninth circuit affirmed respect individual defendants except filarsky concluding entitled seek qualified immunity private attorney city employee held private individual temporarily retained government carry work entitled seek qualified immunity suit pp determining whether appeals made valid distinction city employees filarsky qualified immunity purposes looks general principles tort immunities defenses applicable common law reasons afforded protection suit see imbler pachtman common law existed congress enacted draw distinction public servants private individuals engaged public service according protection carrying government responsibilities government time smaller size reach fewer responsibilities operated primarily local level government work carried significant extent individuals devote time public duties instead pursued private callings well according protection suit individuals government work common law draw distinctions based nature worker engagement government indeed examples individuals receiving immunity actions taken engaged public service temporary occasional basis varied reach government common law principles immunity incorporated abrogated absent clear legislative intent see pulliam allen immunity therefore vary depending whether individual working government permanent employee basis pp nothing reasons given recognizing immunity counsels carrying forward common law rule first government interest avoiding unwarranted timidity part engaged public called important special government concern richardson mcknight equally implicated regardless whether individual sued state actor works government basis second affording immunity acting government behalf serves talented candidates deterred threat damages suits entering public service government need specialized knowledge expertise may look outside permanent workforce secure services private individuals individuals free choose work expose liability government actions talented candidates might decline public engagements receive immunity enjoyed public employee counterparts third public interest ensuring performance government duties free distractions accompany lawsuits implicated whether duties discharged private individuals permanent government employees finally distinguishing among carry public business based particular relationship government creates significant problems deprive state actors ability anticipate conduct may give rise liability damages anderson creighton pp conclusion contrary wyatt cole richardson mcknight wyatt implicate reasons underlying recognition qualified immunity defendant case connection government pursued purely private ends richardson involved unusual circumstances prison guards employed private company worked privately run prison facility nothing sort involved typical case individual hired government assist carrying work pp reversed roberts delivered opinion unanimous ginsburg sotomayor filed concurring opinions opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press steve filarsky petitioner nicholas delia writ certiorari appeals ninth circuit april chief justice roberts delivered opinion section provides cause action state actors violate individual rights federal law common law carried work government enjoyed various protections liability order allow serve government without undue fear personal exposure decisions looked common law protections affording either absolute qualified immunity individuals sued question case whether individual hired government work prohibited seeking immunity solely works government something permanent basis nicholas delia firefighter employed city rialto california became ill responding toxic spill august doctor orders delia missed three weeks work city became suspicious delia extended absence hired private investigation firm conduct surveillance private investigators observed delia purchasing building several rolls fiberglass insulation home improvement store city surmised delia missing work construction home rather illness initiated formal internal affairs investigation delia ordered appear administrative investigation interview city hired steve filarsky conduct interview filarsky experienced employment lawyer previously represented city several investigations delia attorney attended interview along filarsky two fire department officials mike peel frank bekker interview filarsky questioned delia building supplies delia acknowledged purchased supplies claimed yet done work home break filarsky met peel bekker fire chief stephen wells filarsky proposed resolving investigation verifying delia claim done work home filarsky recommended asking delia produce building materials chief wells approved plan meeting resumed filarsky requested permission peel enter delia home view materials advice counsel delia refused filarsky asked delia willing bring materials onto lawn peel observe without entering home delia refused consent unable obtain delia cooperation filarsky ordered produce materials inspection delia counsel objected order asserting violate fourth amendment objection proved unavailing delia counsel threatened sue city went tell filarsky might quite possibly find way figure name filarsky want take chance go right ahead app threat repeated verybody going get named going sweat whether individual liability ou order named idle threat whoever issues order going named lawsuit seek damages including individual liability coming order ake sure spelling clear order know sue despite threats filarsky prepared order directing delia produce materials chief wells signed soon interview concluded peel bekker followed delia home delia attorney union representative went delia house brought four rolls insulation placed delia lawn peel bekker remained car process thanked delia showing insulation drove delia brought action city fire department chief wells peel bekker filarsky ten unidentified individuals alleging order produce building materials violated rights fourth fourteenth amendments district granted summary judgment individual defendants concluding protected qualified immunity held delia demonstrated violation clearly established constitutional right delia threatened insubordination termination comply order given none defendants entered house delia rialto cv cd mar app pet cert appeals ninth circuit affirmed respect defendants except filarsky appeals concluded order violated fourth amendment agreed district delia ha demonstrated constitutional right clearly established date chief wells order defendants known actions unlawful delia rialto filarsky however concluded private attorney city employee entitled seek protection qualified immunity noted decision conflicted decision appeals sixth circuit see cullinan abramson considered bound circuit precedent therefore free follow cullinan decision citing gonzalez spencer filarsky filed petition certiorari granted ii section provides cause action person deprives individual federally guaranteed rights color state law anyone whose conduct fairly attributable state sued state actor see lugar edmondson oil common law government actors afforded certain protections liability based reasoning public good best secured allowing officers charged duty deciding upon rights others act upon free unbiased convictions uninfluenced apprehensions wasson mitchell iowa internal quotation marks omitted see also prosser law torts common law protections derived need avoid impossible burden fall upon agencies government acting behalf government unduly hampered intimidated discharge duties fear personal liability decisions recognized similar immunities reasoning common law protections grounded history reason abrogated covert inclusion general language imbler pachtman quoting tenney brandhove case dispute qualified immunity available sort investigative activities issue see pearson callahan appeals granted protection chief wells peel bekker denied filarsky public employee instead private individual retained city participate internal affairs investigations determining whether distinction valid look general principles tort immunities defenses applicable common law reasons afforded protection suit imbler supra precedent inquiry begins common law existed congress passed tower glover understanding protections common law afforded exercising government power requires appreciation nature government time century government smaller size reach fewer responsibilities operated primarily local level local governments faced tight budget constraints generally neither need ability maintain established bureaucracy staffed professionals see campbell growth american government governance cleveland era present noting governor office staff wisconsin totaled five workers count lieutenant governor janitor one commentator observed time clear conception professional office office incumbent devotes entire time discharge public functions occupation receives sufficiently large compensation enable live without resorting means goodnow principles administrative law instead significant extent government administered members society temporarily occasionally discharge public functions whether government relied primarily upon professionals occasional workers obviously varied across country across different government functions even turn twentieth century public servant often one devote entire time public duties time holding public office permitted carry regular business matter fact finds main means support business private means since receives office compensation insufficient support private citizens actively involved government work especially work directly touched lives people unusual example see owner local general store step behind window shop postman hat see stole stamps maysville ky evening bulletin reporting post office general store mount hope broken resulting loss worth cutlery stamps surprise find trip docks local ferryman collecting harbor fees public wharfmaster see johnson history kentucky kentuckians even core government activity criminal prosecution often carried mixture public employees private individuals temporarily serving public time enacted private lawyers regularly engaged conduct criminal prosecutions behalf state see commonwealth gibbs mass white polk county iowa abraham lincoln accepted several appointments see awful crime speedy punishment springfield daily register may reporting lincoln esq appointed prosecutor rape case addition private lawyers often assisted public prosecutors significant cases see commonwealth knapp mass chambers state public prosecutors continued represent private clients office sometimes creating odd conflicts interest see people bussey public prosecutor employed private counsel defendant wife several civil suits defendant phillip waller haw public prosecutor represented plaintiff suit malicious prosecution oliver pate ind public prosecutor conducted state prosecution defendant later served counsel defendant malicious prosecution suit complaining witness mixture public responsibility private pursuits extended even highest levels government position became example attorney general expected maintain active private law practice cite notable illustration hayburn case dall first attorney general edmund randolph sought writ mandamus compel lower hear william hayburn petition put pension list allow attorney general seek writ official capacity randolph readily solved problem arguing case hayburn private lawyer ibid see also letter edmund randolph james madison reprinted papers james madison rutland mason brugger sisson teute eds bloch early role attorney general constitutional scheme beginning pragmatism duke given come surprise common law draw distinction public servants private individuals engaged public service according protection carrying government responsibilities government actors involved adjudicative activities example protected absolute immunity suit see bradley fisher wall bishop commentaries law immunity applied equally highest judge state nation lowest officer sits tries petty causes cooley law torts including served judges episodic basis justices peace example often maintained active private law practices even nonlegal livelihoods generally served judicial capacity see hubbell harbeck hun ingraham leland fact justices peace even paid salary government instead received compensation fees payable parties came see murfee justice peace yet common law extended immunity justice peace judicial officer pratt gardner mass see also mangold thorpe common law also extended certain protections individuals engaged law enforcement activities sheriffs constables time enacted however line public private policing frequently hazy private detectives privately employed patrol personnel often publicly appointed special policemen means objects detective work particular made difficult distinguish public payroll private detectives sklansky private police ucla rev footnotes internal quotation marks omitted protections provided common law turn whether someone today call police officer worked government instead public private employers rather common law special constable duly appointed according law ha powers regular constable far may necessary proper discharge special duties intrusted lawful discharge duties fully protected officer murfee treatise law sheriffs ministerial officers sheriffs executing warrant empowered common law enlist aid men community see blackstone commentaries laws england quarles serving part posse comitatus private individual authority sheriff protected extent see robinson state member posse comitatus summoned sheriff aid execution warrant felony sheriff hands entitled protection discharge duties sheriff state mooring considering well settled courts sheriff may break open doors house execute search warrant act good faith posse comitatus protected north carolina gosnell cc wdnc judicial ministerial officers execution duties office strong protection law legally summoned assistants time service officers law reed rice app private individuals summoned constable execute search warrant protected suit based invalidity warrant indeed examples individuals receiving immunity actions taken engaged public service temporary occasional basis varied reach government see gregory brooks public wharfmaster liable ordering removal vessel unless order issued maliciously henderson smith notaries public given immunity discretionary acts taken good faith chamberlain clayton iowa trustees public institution disabled liable absent showing malice mccormick burt school board members liable suspending student good faith donohue richards downer lent cal members board pilot commissioners given immunity official acts rail potts baker private individuals appointed sheriff serve judges election liable refusing voter absent showing malice jenkins waldron johns ny sup read harmony general principles tort immunities defenses imbler proceed assumption principles immunity incorporated judicial system abrogated absent clear legislative intent pulliam allen assumption immunity vary depending whether individual working government employee basis nothing reasons given recognizing immunity counsels carrying forward common law rule explained immunity protect government ability perform traditional functions wyatt cole helping avoid unwarranted timidity performance public duties ensuring talented candidates deterred public service preventing harmful distractions carrying work government often accompany damages suits richardson mcknight called government interest avoiding unwarranted timidity part engaged public business important special government concern ensuring serve government decisiveness judgment required public good scheuer rhodes vital importance regardless whether individual sued state actor works basis affording immunity public employees also others acting behalf government similarly serves talented candidates deterred threat damages suits entering public service richardson supra quoting wyatt supra government need attract talented individuals limited public employees indeed often particular need specialized knowledge expertise government must look outside permanent work force secure services private individuals case good example filarsky years specialized experience attorney labor employment personnel matters particular expertise conducting internal affairs investigations app pet cert app city rialto certainly permanent employee anything approaching qualifications extent private individuals depend government livelihood freedom select work work expose liability government actions makes likely talented candidates decline public engagements receive immunity enjoyed public employee counterparts sometimes case private individuals work close coordination public employees face threatened legal action conduct see app delia lawyer everybody going get named threatened suit government employees often protected suit form immunity working alongside left holding bag facing full liability actions taken conjunction government employees enjoy immunity activity circumstances private individual choice might think twice accepting government assignment public interest ensuring performance government duties free distractions accompany even routine lawsuits also implicated individuals permanent government employees discharge duties see richardson supra individuals performance ongoing government responsibilities suffer distraction lawsuits distractions also often affect public employees work embroiling employees litigation case good example suit filarsky moves forward highly likely chief wells bekker peel required testify given roles dispute allowing suit private individuals assisting government substantially undermine important reason immunity accorded public employees first place distinguishing among carry public business based nature particular relationship government also creates significant problems unclear example filarsky categorized regularly spent half time working city worked exclusively one city project entire year see tr oral arg questions deprive state actors ability reasonably anticipate conduct may give rise liability damages anderson creighton alteration internal quotation marks omitted frustrating purposes immunity meant serve uncertain immunity little better immunity iii decisions wyatt cole richardson mcknight contrary wyatt held individuals used state replevin law compel local sheriff seize disputed property former business partner entitled seek qualified immunity cf lugar holding individual uses state replevin garnishment attachment statute later declared unconstitutional acts color state law purposes explained reasons underlying recognition qualified immunity support extension individuals connection government pursued purely private ends individuals hold office requiring exercise discretion principally concerned enhancing public good concluded extending immunity bearing whether public officials able act forcefully decisively jobs whether qualified applicants enter public service wyatt plainly implicated circumstances case unlike defendants wyatt using mechanisms government achieve ends individuals working government pursuit government objectives principally concerned enhancing public good ibid whether individuals assurance able seek protection sued directly affects government ability achieve objectives public service put simply wyatt involved government agents government interests government need immunity richardson considered whether guards employed privately run prison facility seek protection qualified immunity although previously determined prison guards entitled qualified immunity see procunier navarette determined prison guards employed private company working privately run prison facility enjoy protection explained various incentives characteristic private market case ensured guards perform public duties unwarranted timidity deterred entering line work richardson narrow decision answered immunity question narrowly context arose made clear holding meant foreclose claims immunity private individuals ibid instead emphasized particular circumstances case private firm systematically organized assume major lengthy administrative task managing institution limited direct supervision government undertak ing task profit potentially competition firms combined sufficiently mitigate concerns underlying recognition governmental immunity ibid nothing sort involved typical case individual hired government assist carrying work straightforward application rule set sufficient resolve case though public employee filarsky retained city assist conducting official investigation potential wrongdoing dispute government employees performing work entitled seek protection qualified immunity appeals rejected filarsky claim protection accorded wells bekker peel solely permanent employee city common law however draw distinctions see justification new york city department investigation staffed public employees investigate city personnel resources pay city rialto neither must rely occasional services private individuals filarsky reason rialto internal affairs investigator denied qualified immunity enjoyed ones work new york light foregoing judgment appeals denying qualified immunity filarsky reversed ordered ginsburg concurring steve filarsky petitioner nicholas delia writ certiorari appeals ninth circuit april justice ginsburg concurring addresses sole question case private attorney retained municipality investigate personnel matter eligible qualified immunity suit alleging constitutional violation committed course investigation agree answer yes judgment appeals holding private attorney filarsky categorically ineligible qualified immunity must reversed qualified immunity may overcome however defendant knew known conduct violated right clearly established time episode suit see harlow fitzgerald ninth circuit consider application standard filarsky matter see may pursued remand filarsky retained city rialto investigate whether city firefighter delia taking time work false pretense disabling physical condition pursuit investigation filarsky asked delia consent search home determine delia done several rolls insulation recently purchased home improvement store delia counsel advice refused consent search filarsky hatch ed plan overcome delia resistance delia rialto different way filarsky informed delia app see unable obtain delia consent warrantless search house filarsky tried different following filarsky advice fire chief wells ordered delia bring insulation house place rolls lawn inspection app filarsky recommended course ninth circuit observed mindful individual expectation privacy items exposed public thereby eliminating need search warrant delia complied chief wells order producing rolls unused app investigation legitimacy delia absence work apparently ended explaining individual defendants filarsky entitled summary judgment qualified immunity pleas ninth circuit stated threat delia employment attended fire chief wells order district similarly stated delia threatened insubordination termination comply order app pet cert statements odds facts recounted appeals onset interview ninth circuit stressed filarsky warned delia obligated fully cooperate time deemed cooperating held insubordinate subject disciplinary action including termination internal quotation marks omitted continuing vein appeals concluded delia actions involuntary coerced direct threat sanctions including loss firefighter position see delia actions involuntary occurred result direct threat sanctions proceedings upon return case appeals questions bear attention first clearly established ninth circuit thought warrantless search home presumptively unreasonable investigating officer may official circumvent warrant requirement ordering person investigation cart personal property house inspection clearly established employee may fired exercising constitutional right see equally plain discipline discharge may threatened induce surrender right short responded appropriately question tendered review circuit law remain muddled absent appeals focused attention question whether filarsky conduct violated clearly established law sotomayor concurring steve filarsky petitioner nicholas delia writ certiorari appeals ninth circuit april justice sotomayor concurring appeals denied qualified immunity filarsky solely retained outside counsel formal employee city rialto agree join today opinion holding distinction sound basis deny immunity add follow every private individual works government capacity necessarily may claim qualified immunity sued individuals must satisfy usual test conferring immunity explains test look principles tort immunities defenses applicable common law reasons afforded protection suit ante quoting imbler pachtman thus richardson mcknight denied qualified immunity prison guards privately employed despite quintessentially public function found special reasons significantly favoring extension governmental immunity context left open question whether immunity appropriate private individual briefly associated government body serving adjunct government essential governmental activity acting close oficial supervision filarsky supported amicus curiae contends fits coda worked close coordination supervision city employees whether filarsky supervised employees supervising unclear doubt filarsky worked alongside employees investigating delia circumstances agree filarsky allowed claim qualified immunity suit opinion persuasively explains rooted tradition immunity applicable individuals perform government work capacities formal employees see ante conferring qualified immunity individuals like filarsky helps protec government ability perform traditional functions thereby helps protect public large wyatt cole private individual works closely immune government employees real risk individual intimidated performing duties fully alone may bear price liability collective conduct see ante see also ante noting distraction caused immune public employees litigation brought nonimmune associates mean private individual may assert qualified immunity working close coordination government employees example richardson suggestion immunity also appropriate individuals serving adjunct government essential governmental activity seem encompass special prosecutors comparable individuals hired independence may yet circumstances immunity warranted private actors point simply cases decided arise longstanding practice field immunity law footnotes delia also suggests filarsky conduct measured reasonable attorney standard whether attorney providing advice investigation known search delia personal property stored home lawless see brief respondent additional inquiry may appropriate although conceived substitute warrantless entry inspection order filarsky counseled pass muster permissible discovery device cf homa press publishing walling subpoena duces tecum corporation business records authorized fair labor standards act encountered fourth amendment shoal ninth circuit referred cases holding public employees job retention conditioned relinquishing fifth amendment safeguard uniformed sanitation men commissioner sanitation city new york gardner broderick