Governmental immunity is a legal doctrine that limits the ability of individuals to sue government entities or officials for their wrongful conduct. This doctrine has been in effect in federal and state courts for over a century and serves to protect government agencies and officials from potentially damaging and costly litigation.
In essence, governmental immunity shields government entities from being sued for a wide range of actions that occur within their official capacity. These actions can include the implementation of public policies, financial mismanagement, improper regulation of businesses, or any other actions resulting from the government’s official duties.
What Are the Exceptions to Governmental Immunity?
While the concept of governmental immunity provides governments with a great deal of protection, it is not absolute. There are certain exceptions to governmental immunity, such as when the government intentionally creates a dangerous situation or when it engages in reckless conduct.
Additionally, there are a number of other legal actions that individuals can take to hold government entities and officials liable for their actions. These include civil actions brought under the Federal Tort Claims Act (FTCA), the civil rights acts, or other federal statutes; bringing a civil rights suit in federal court or a state court; filing an administrative complaint; or seeking relief from Congress.
Conclusion: Governmental Immunity Is Not Absolute Protection
Governmental immunity exists to provide general protection to government entities and officials from litigation and to prevent costly legal battles. Although there are legal exceptions to governmental immunity that allow individuals to sue, it is important to be aware of the limits of governmental immunity when taking legal action against the government.