The legal doctrine of sovereign immunity limits the circumstances under which a private person or entity (a nongovernmental unit) may sue a state government or the federal government. Sovereign immunity in the United States was derived from the English common law policy (from Great Britain) that the king (the sovereign) could do no wrong and should not be held to account by his subjects (the people).
Current legal theory also relies on sovereign immunity to protect the public treasury (the fisc) from unlimited claims.
Many states have laws (statutes) known as tort claims acts that waive the government’s immunity in whole or in part for certain specified claims and allow private parties (persons or entities) to sue the government for torts (wrongful acts) committed by persons acting on behalf of the government. In some instances, tort claims acts waive sovereign immunity for claims against the government for personal injuries (as well as for property damage).
And the U.S. Congress has passed a law (a statute) known as the Federal Tort Claims Act that waives the federal government’s immunity for certain claims and allows private parties (persons or entities) to sue the federal government for torts (wrongful acts) committed by persons acting on behalf of the federal government. The Federal Tort Claims Act is located in the United States Code, beginning at 28 U.S.C. §2674.
Lawsuits against the federal government under the Federal Tort Claims Act must be filed in federal courts in the United States.
In Texas, the legal doctrine of sovereign immunity generally prevents the state government from being sued without its consent. This principle is rooted in the historical concept that the sovereign, or the state, cannot commit a legal wrong and is immune from civil suits or criminal prosecution. However, Texas has enacted the Texas Tort Claims Act (TTCA), which partially waives the state's sovereign immunity for certain types of claims. Under the TTCA, individuals can sue the state for personal injuries, death, or property damage caused by the wrongful acts or negligence of state employees acting within the scope of their employment, provided certain conditions are met. The TTCA sets limits on the amount of damages that can be recovered and establishes specific procedures for filing claims. At the federal level, the Federal Tort Claims Act (FTCA) similarly waives sovereign immunity in certain cases, allowing private parties to sue the United States for torts committed by federal employees. Claims under the FTCA must be brought in federal court, and there are specific procedural requirements and limitations on damages that apply to these claims.
