MSU College of Law

The Kelley Institute
Law of Lawyering
Supreme Court Review

Cases tagged as: qualified immunity

Ashcroft v. al-Kidd

131 S. Ct. 2074 (2011) (PDF)

The Court found that then-Attorney General Ashcroft was entitled to qualified immunity in the use of the federal material witness warrant as a tool for preventative detention and investigation of terrorist suspects.

Related tag(s): 2010 Term, academic amicus brief filed, decision against academic amicus brief, decision in favor of academic amicus brief, qualified immunity,

Filarsky v. Delia

132 S.Ct. 1657 (2012) (PDF)

At issue before the Court was whether a private lawyer retained and hired as outside counsel by the local government to conduct an internal affairs investigation is entitled to qualified immunity. The Court held that temporary government attorneys are entitled to qualified immunity when sued under 42 U.S.C. § 1983. Though not a public employee, the private attorney was retained by the City to assist in conducting an official investigation. As such, he was considered a government employee, and government employees performing such work are entitled to seek the protection of qualified immunity.

Related tag(s): 2011 Term, ABA amicus brief filed, decision in favor of ABA amicus brief, qualified immunity,