Defenses and Affirmative Defenses
Immunities and Statutory Bars
Sovereign immunity protects federal and state governments from suit absent waiver. Tort claims acts provide limited consent with conditions including notice requirements, damages caps, and exclusions for discretionary functions.
Waivers are strictly construed.
Alternative Names:
Governmental Immunity, State Immunity
Why it Matters?
The conditions attached to waiver are where these claims fail, since notice periods measured in months, damages caps, and discretionary function exclusions each operate independently. The discretionary function exception is the broadest, protecting policy-level decisions while leaving operational negligence actionable. Identifying whether a defendant is a governmental entity, including quasi-public authorities and districts, is an intake screening task.
Frequently Confused with
Frequently asked questions
What conditions attach to waiver?
What does the discretionary function exception cover?
