Associated Press
Posted: 09/27/2011 10:33:32 AM PDT

WASHINGTON – In a case stemming from Rialto, the Supreme Court will decide whether private lawyers hired as outside counsels for governments can be sued.

The high court on Tuesday agreed to hear lawyer Steve Filarsky’s appeal. He was hired by the city of Rialto to investigate the possible misuse of sick leave.

Nicholas B. Delia, a firefighter suspected of working on his house while on sick leave, sued Filarsky after the investigation.

Delia had said he had bought material to work on his house but never opened it. The fire chief then ordered Delia to bring the unopened material out of his house for inspection or face disciplinary action.

That order was an unconstitutional warrantless search, said Delia, who sued the city, the Fire Department and Filarsky.

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