James A. DeLanis v. Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, et al.

Qualified immunity protects private parties “working for the government in pursuit of government objectives.” Filarsky v. Delia, 566 U.S. 377, 392 (2012). But it does not extend to those who “pursue[] purely private ends.” Id. After the city of Nashville threatened a law firm over an employee’s constitutionally protected speech, the firm fired that employee to protect its own financial interests. The Sixth Circuit held that city officials violated the employee’s clearly established rights. But it granted the private law firm qualified immunity. That decision was contrary to decisions from the First, Fourth, Seventh, and Eleventh Circuits, which have each held that qualified immunity does not apply to private parties pursuing their own private interests. The questions presented are:

1. Whether a private entity is eligible for qualified immunity when pursuing personal interests outside the scope of any government function; and

2. Whether a private entity seeking qualified immunity must be treated the same as a public employee when deciding whether it violated any clearly established rights.