What is sovereign immunity?

Sovereign immunity refers to the legal doctrine that protects government entities and officials from being sued without their consent. This principle is rooted in the idea that the state cannot commit a legal wrong and is therefore immune from civil suits or criminal prosecution.

In many jurisdictions, this means that government employees, when acting in their official capacities, are granted immunity from liability for actions taken while performing their duties. This protection is designed to allow government officials to perform their functions without fear of extensive legal repercussions, thereby ensuring that they can make decisions in the interest of public service.

This immunity, however, is not absolute. There are exceptions where the government allows lawsuits against itself, often defined in statutes or through specific circumstances where liability is waived. Understanding the nuances of sovereign immunity is crucial, particularly in the context of law enforcement and corrections, as it relates to the balance between holding officials accountable and allowing them to function effectively in their roles.