Legal Definitions - governmental immunity

Governmental immunity is a legal principle that shields government entities and, in some cases, their employees from certain types of lawsuits. Its purpose is to protect public funds and allow government agencies to perform their essential functions without the constant threat of litigation.

While often used interchangeably with sovereign immunity, there's a subtle distinction. Sovereign immunity typically refers to the immunity enjoyed by federal and state governments, as well as tribal governments. Governmental immunity, on the other hand, usually applies to subdivisions within a state, such as cities, counties, and local municipalities. Governments of foreign countries also enjoy a similar form of protection from lawsuits under specific laws, except in certain commercial contexts.

It's important to note that governmental immunity is not absolute and can sometimes be waived or limited by specific laws or statutes, allowing individuals to sue the government under certain circumstances.

Governmental immunity can also apply to individual government employees, often categorized into two main types:

• Absolute Immunity: This offers complete protection from lawsuits for certain government officials, even if their actions were performed maliciously or in bad faith. This type of immunity is typically granted to officials whose roles require them to make critical decisions without fear of personal liability, such as judges, prosecutors, and legislators, to ensure the integrity and independence of their functions.
• Qualified Immunity: This protects government employees from liability in civil lawsuits unless their conduct violates clearly established statutory or constitutional rights, and they knew or should have known about the violation. It aims to strike a balance: protecting public officials from frivolous lawsuits and the burden of litigation, while still allowing for accountability when they clearly overstep their authority or disregard established legal principles.

Examples of Governmental Immunity:

• Example 1 (Local Government Entity): A city's public works department decides to redesign a busy intersection to improve traffic flow and safety. During construction, a local business experiences a temporary loss of customer access, leading to financial losses. If the business owner attempts to sue the city for damages, the city might invoke governmental immunity, arguing that its decision was a discretionary act related to public safety and infrastructure, and therefore protected from liability.

  Explanation: This illustrates governmental immunity protecting a local municipality (the city) from a lawsuit stemming from its official, discretionary functions related to public services and infrastructure development. The immunity shields the city from liability for the economic impact of a public project.

• Example 2 (Government Employee - Qualified Immunity): A state environmental inspector visits a factory to ensure compliance with pollution regulations. During the inspection, the inspector issues a citation for a minor violation, which the factory owner believes is unwarranted and based on a misinterpretation of the rules. The factory owner sues the inspector personally. The inspector would likely be protected by qualified immunity unless the owner could prove that the inspector's actions violated a clearly established legal right or regulation that any reasonable inspector would have known.

  Explanation: This demonstrates qualified immunity protecting a government employee (the inspector). The inspector's actions are shielded unless they clearly violated established law or policy, preventing them from being personally sued for every decision made in their official capacity, provided they acted reasonably within their duties.

• Example 3 (Government Employee - Absolute Immunity): A state prosecutor brings charges against an individual for a serious crime. After a trial, the individual is acquitted and later discovers that some evidence used by the prosecution was questionable. The acquitted individual then attempts to sue the prosecutor for malicious prosecution. The prosecutor would typically be protected by absolute immunity, as their role in initiating and conducting a criminal prosecution is considered a core judicial function that requires complete freedom from the threat of personal lawsuits.

  Explanation: This exemplifies absolute immunity. The prosecutor's actions in their official capacity are fully protected, even if later deemed flawed, to ensure they can make difficult decisions about bringing charges without fear of personal retaliation or endless litigation, which could undermine the justice system.