Legal Definitions - Sovereign immunity

Sovereign immunity is a fundamental legal principle that protects governments from being sued in court without their explicit permission. This concept originated from the historical idea that a monarch, or sovereign, could not commit a legal wrong and therefore could not be subjected to legal action by their own subjects.

In modern legal systems, particularly in the United States, sovereign immunity means that federal and state governments generally cannot be sued for damages or other relief unless they have specifically waived their immunity and consented to such lawsuits. While this protection typically applies to federal and state governments, it usually does not extend to local governments like cities or counties.

Governments can, and often do, pass laws that waive their sovereign immunity for specific types of claims, allowing individuals to sue them under certain circumstances. For example, the federal government waived its immunity for many types of civil wrongs (torts) committed by federal employees through the Federal Tort Claims Act.

• Example 1: General Protection for Policy Decisions

  Imagine a state government decides to build a new highway through a particular area, and this decision causes a significant decrease in property values for nearby homeowners. If a group of homeowners attempts to sue the state for financial compensation, they would likely be barred by sovereign immunity.

  This illustrates sovereign immunity because the state's decision to build a highway is a governmental function, a broad policy choice. Without a specific law waiving immunity for such policy decisions, the state is protected from lawsuits challenging these actions, even if they have negative consequences for some citizens.

• Example 2: Waiver of Immunity for Negligence

  Consider a situation where a U.S. Postal Service delivery truck, driven by a federal employee, negligently runs a red light and causes an accident, severely injuring another driver. The injured driver wishes to sue for medical expenses, lost wages, and pain and suffering.

  This illustrates a waiver of sovereign immunity. While the Postal Service is a federal entity, the Federal Tort Claims Act (FTCA) specifically allows individuals to sue the U.S. government for certain torts (civil wrongs) committed by federal employees acting within the scope of their employment. Therefore, the injured driver could likely pursue a lawsuit against the federal government in this instance, as the government has consented to be sued for such negligence.

• Example 3: State Immunity for Commercial Activities

  Suppose a state university operates a large conference center that it rents out to private organizations for events, competing directly with private venues. Due to poor maintenance, a ceiling tile falls and injures a guest attending a private conference at the center.

  This illustrates a potential exception to sovereign immunity based on the nature of the activity. Some states distinguish between "governmental functions" (like running a public school system) and "proprietary functions" (like operating a commercial conference center for revenue). If a court determines that operating the conference center is a proprietary function, more akin to a private business, the state university might not be protected by sovereign immunity, allowing the injured guest to sue for damages.