Governmental Immunity (Sovereign Immunity)

Pronunciation: SOV-rin

Torts › Torts

Definition

FTCA waives federal sovereign immunity for tort claims, with exceptions. Key exceptions: (1) discretionary function exception (policy decisions immune), (2) most intentional torts excluded from FTCA waiver — federal government generally immune from intentional tort claims. Exception to the exception: claims against federal law enforcement officers for assault, battery, false imprisonment, false arrest, abuse of process, and malicious prosecution are covered (28 U.S.C. § 2680(h)). State/local: varies; governmental functions (immune) vs proprietary (not immune). Notice requirements for claims.

Related terms

• Qualified Immunity (Government Employees) — Government officials shielded from liability unless conduct violates clearly established constitutional rights. Two-part test (Harlow): (1) constitutional violation?…
• Intrafamily Immunity — Interspousal immunity: largely abolished. Parent-child: partially abolished — most states allow suits for intentional torts, motor vehicle accidents.…
• Negligence — A tort based on the defendant's failure to exercise reasonable care, resulting in harm to the plaintiff. Negligence…

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