During the course of the investigation, Filarsky and department officials directed Delia to produce building materials at his home in order to show that he had not been completing home remodeling during his sick leave. After the employee was cleared of any charges that he had abused his sick leave, he sued the city, the fire department, and numerous individuals including Filarsky, alleging violations of his Fourth Amendment rights against unreasonable search and seizure and other claims. The Ninth Circuit, on appeal, decided the Filarsky was not entitled to qualified immunity because he was not an employee of the city.