He discovered $2 billion in cost overruns and technical problems in the Lockheed C5-A program that had been concealed by the officials at the Pentagon.

Fitzgerald filed a lawsuit against government officials claiming that he lost his position as a contractor with the US Air Force because of his whistleblower testimony made before Congress in 1969.

[1] Absolute immunity was claimed by the officials involved, including Nixon and several of his aides, which generated several additional cases that made their way to the Supreme Court.

An official can obtain absolute immunity but must "first show that the responsibilities of his office embraced a function so sensitive as to require a total shield from liability.

The Court held that "government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."