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Sovereign Immunity
Practical Law Glossary Item w-001-4066 (Approx. 3 pages)
Glossary
Sovereign Immunity
A common law doctrine that bars all lawsuits against the government. However, the government may consent to suit or waive its immunity. For example:
- The federal government has waived its sovereign immunity for numerous causes of action including:
- the Federal Tort Claims Act (28 U.S.C. §§ 1346 and 2671-2680), which waives the federal government's sovereign immunity for tort suits; and
- the Tucker Act, which waives the federal government's sovereign immunity for several claims, including those based on contractual obligations and uncompensated takings of property.
- Most state legislatures have waived sovereign immunity for tort claims against the state and local governments. A majority of states have capped the dollar amount of tort damages that governmental entities are liable for under the waiver.
State and local government immunity in state courts is sometimes referred to as governmental immunity.
When a plaintiff sues a foreign state in a civil action in a US court (federal or state), the Foreign Sovereign Immunities Act (FSIA) generally immunizes the defendant state from the court's jurisdiction, subject to certain exceptions.