Legal immunity from suit or liability (in civil litigation) or immunity from prosecution (in criminal prosecutions) is a legal status that protects an individual or entity from liability or criminal prosecution. Immunity may be given to the person or entity by law (usually a state or federal statute) or by the agreement of a party to the litigation (usually in the context of a criminal prosecution)—generally for some greater policy goal. Some common types of immunity include (1) judicial immunity; (2) witness immunity; (3) diplomatic immunity; and (4) governmental or sovereign immunity.
In Texas, legal immunity encompasses various forms that protect individuals or entities from civil liability or criminal prosecution. Judicial immunity in Texas shields judges from liability for their judicial acts, provided those acts are within their jurisdiction and performed in a judicial capacity. Witness immunity is often granted to ensure that witnesses can testify freely without fear of subsequent civil or criminal liability, which is crucial for the judicial process. Diplomatic immunity, governed by federal law and international treaties, protects foreign diplomats from legal action in the U.S. Lastly, governmental or sovereign immunity refers to the principle that the state and its political subdivisions are protected from being sued without their consent. Texas has codified this principle, with certain waivers allowing for lawsuits in specific instances, such as personal injury caused by the negligence of state employees (Texas Tort Claims Act). Each type of immunity serves a policy goal, such as the fair administration of justice, international diplomatic relations, or the protection of government functions from disruption by litigation.
