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What is Sovereign Immunity?

If you’ve ever tried to go after the government for wrongdoing, you know what a challenge it can be. The main reason it is such a challenge is due to sovereign immunity.

Read on to learn more.

Details Regarding Sovereign Immunity

According to the Legal Information Institute of Cornell Law School (LLI), “The sovereign immunity refers to the fact that the government cannot be sued without its consent.”

While it may seem a bit counterintuitive for a free nation like the United States to have a law like this on the books, the premise comes from antiquated ideas.

“Sovereign immunity was derived from British common law doctrine based on the idea that the King could do no wrong.”

Fast forward to the current day in the United States; sovereign immunity usually relates to the federal and state governments, however, municipalities are not included.

In 1946, the Federal Tort Claims Act was instituted, which dropped federal immunity for a number of categories of torts claims. Since then, federal and state governments have had the option to waive their sovereign immunity.

Citizens Suing Their Own State

If you intend to sue the state government in the area in which you live, the courts usually use one of four tests, including:

  1. Governmental v proprietary function test
  2. Ministerial/operational v discretionary functions/acts test
  3. Planning v implementational
  4. Non-justiciable v justiciable

If you intend to sue the government for undue harm they’ve caused you, you’ll certainly require the assistance of a skilled and experienced attorney. Our team here at The Abrego Law Firm, LLC is highly accomplished in these sorts of cases and has helped countless others attain the justice they deserve. Don’t hesitate to contact our firm with your case right away. After all, your health should always be your number one priority.

Call The Abrego Law Firm, LLC today at (404) 334-3324 to speak with an accomplished attorney about your case.