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| United States federal civil procedure doctrines | ||||
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| Justiciability | ||||
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In United States law, the federal government as well as state and tribal governments generally enjoy sovereign immunity, also known as governmental immunity, from lawsuits.[1] Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort. The Foreign Sovereign Immunities Act provides foreign governments, including state-owned companies, with a related form of immunity—state immunity—that shields them from lawsuits except in relation to certain actions relating to commercial activity in the United States. The principle of sovereign immunity in US law was inherited from the English common law legal maxim rex non potest peccare, meaning "the king can do no wrong."[2] In some situations, sovereign immunity may be waived by law.
Sovereign immunity falls into two categories:
- Absolute immunity: When absolute immunity applies, a government actor may not be sued for the allegedly wrongful act, even if that person acted maliciously or in bad faith; and
- Qualified immunity: When qualified immunity applies, the government actor is shielded from liability only if specific conditions are met, as specified in statute or case law.[3]
Absolute immunity applies to acts that, if subject to challenge, would significantly affect the operation of government, such as would occur if a legislator could be sued for core legislative acts, and is also typically extended to statements made on the floor of the legislature.[4] Similar protections apply to judges who are acting in a judicial capacity.[5]
- ^ "Sovereign immunity". Wex. Cornell Law School. Retrieved October 1, 2017.
- ^ Broom, Herbert (1845). A Selection of Legal Maxims, Classified and Illustrated. T. & J.W. Johnson. Retrieved October 1, 2017.
- ^ "Qualified immunity". Wex. Cornell Law School. Retrieved October 1, 2017.
- ^ Shenkman, Michael (2013). "Talking About Speech or Debate: Revisiting Legislative Immunity". Yale Law & Policy Review. 32 (2): 351. Retrieved October 1, 2017.
- ^ Block, J. Randolph (1980). "Stump v. Sparkman and the History of Judicial Immunity". Duke Law Journal. 1980 (5): 879–925. doi:10.2307/1372180. JSTOR 1372180. Retrieved October 1, 2017.