Supreme Court of the United States · Official docket →
James A. DeLanis v. Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-5948, 23-5939 · judgment November 24, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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:
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Whether a private entity is eligible for qualified immunity when pursuing personal interests outside the scope of any government function; and
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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.
Counsel of record
For petitioner
Brett Robert Nolan
Institute for Free Speech
For respondent
Robert E. Boston
Holland & Knight
Case
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage
Linked docket
25A1081
Order
Order list, October 13, 2026 · Certiorari denied
Proceedings
- Oct 13 2026Petition DENIED.
- Sep 23 2026DISTRIBUTED for Conference of 10/9/2026.
- Sep 22 2026Reply of petitioner James A. DeLanis filed. (Distributed)
- Sep 08 2026Brief of respondent Baker, Donelson, Bearman, Caldwell & Berkowitz, PC in opposition filed.
- Aug 06 2026Brief amici curiae of Institute for Justice, et al. filed.
- Aug 03 2026Motion to extend the time to file a response is granted and the time is extended to and including September 8, 2026. See Rule 30.1.
- Jul 31 2026Motion to extend the time to file a response from August 6, 2026 to September 7, 2026, submitted to The Clerk.
- Jun 29 2026Petition for a writ of certiorari filed. (Response due August 6, 2026)
- Apr 03 2026Application (25A1081) granted by Justice Kavanaugh extending the time to file until June 29, 2026.
- Mar 31 2026Application (25A1081) to extend the time to file a petition for a writ of certiorari from April 30, 2026 to June 29, 2026, submitted to Justice Kavanaugh.