Also known as: governmental immunity · government immunity · government immunities · sovereign immunity
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine shielding governmental entities and officials from private lawsuits for damages absent consent or statutory waiver. The protection extends to states under the Eleventh Amendment and related principles, barring suits in federal court by citizens of the state or other states, in state courts on federal claims enacted under Article I, and in the courts of sister states.
Gary Goldman, a state corrections officer, sued his state employer in state court for unpaid overtime under a federal labor statute enacted pursuant to Congress's commerce power. The state moved to dismiss on sovereign immunity grounds. The court granted the motion because the statute rested on Article I authority and the state had not consented to the suit.
Giana Greco, a resident of State A, obtained a judgment against State B for improper tax collection and sought to enforce it in State A's courts. State B asserted immunity. The court dismissed the action because one state may not entertain a private damages suit against another state without consent.
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Gwen Gallagher, a citizen of State C, filed suit in federal court against State C for breach of a state contract seeking money damages. The state moved to dismiss. The court granted the motion because the Eleventh Amendment bars suits by a state's own citizens against the state in federal court absent consent or valid abrogation.
Guillermo Guzman, representing a tribe, sued a state in federal court under a federal statute enacted pursuant to the Indian Commerce Clause for unpaid compact revenues. The state asserted immunity. The court dismissed the action because Article I powers cannot abrogate state sovereign immunity.
Gabriella Gomez, a former White House aide, sued a former president for damages arising from her termination. The former president moved to dismiss on immunity grounds. The court dismissed the suit because absolute immunity protects the president from civil damages liability for official acts.
Gareth Glover, injured by a military helicopter door, sued the contractor that built the equipment to government specifications. The contractor moved for summary judgment. The court granted the motion because the government contractor defense shields suppliers when the government approved reasonably precise specifications and the contractor warned of known dangers.
Yes. The Eleventh Amendment's jurisdictional bar extends to suits brought by a state's own citizens against that state in federal court absent consent or valid abrogation.
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No. Congress's Article I powers, such as the Indian Commerce Clause, do not authorize Congress to abrogate state sovereign immunity in federal court. Valid abrogation must rest on the Fourteenth Amendment's enforcement power.
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Yes. State sovereign immunity bars private suits against nonconsenting states in their own courts on federal claims when Congress acts under Article I powers.
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No. States retain sovereign immunity from private suits in the courts of other states, and the Constitution does not permit one state's courts to entertain a private damages action against another state without its consent.
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…to the old notion that the King can do no wrong. Until now, this concept had survived in this country only in the form of sovereign immunity. That doctrine forecloses suit against the Government itself and against Government officials, but only when the suit against the latter actually seeks relief against the sovereign. Larson…