Private lawyers hired by local governments for special tasks will hesitate to provide candid advice if they are denied immunity when sued, the U.S. Supreme Court was told on Tuesday.

The justices heard arguments in Filarsky v. Delia, in which employment lawyer Steve Filarsky was denied qualified immunity in a civil rights lawsuit stemming from his assistance in a city’s internal affairs investigation. The Ninth Circuit U.S. Court of Appeals held that everyone else involved — the city of Rialto and its officers — was entitled to immunity.

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