What is Sovereign Immunity?

What is Sovereign Immunity?

• A. Defense that can be asserted by a government or government employee in a tort case
• B. A privilege that allows government to ignore all lawsuits
• C. A rule granting immunity from criminal charges
• D. A doctrine that prevents private individuals from suing public agencies

Answer: (A)

Sovereign immunity is the principle that the government cannot be sued without its consent, so in a tort case it serves as a defense the government or a government employee can raise to avoid liability. It protects the government from being sued unless a statute or legal doctrine waives that immunity, which is why there are pathways like specific statutes that allow certain claims against government actions. It’s not a blanket privilege to ignore all lawsuits, it does not grant immunity from criminal charges, and it isn’t a doctrine that simply prevents private individuals from suing public agencies—those suits can proceed in many cases where immunity has been waived or limited.

Sovereign immunity is the principle that the government cannot be sued without its consent, so in a tort case it serves as a defense the government or a government employee can raise to avoid liability. It protects the government from being sued unless a statute or legal doctrine waives that immunity, which is why there are pathways like specific statutes that allow certain claims against government actions. It’s not a blanket privilege to ignore all lawsuits, it does not grant immunity from criminal charges, and it isn’t a doctrine that simply prevents private individuals from suing public agencies—those suits can proceed in many cases where immunity has been waived or limited.