Are there instances where immunities are not applicable?

Written by Rockefeller Law Center
Yes. Immunities only apply for actions taken in the scope of a person’s authority to act. Also, liability may exist, where the government actor commits an "intentional" tort or acts with "actual malice," such as an assault or battery. Thus, a governmental actor who negligently uses excessive force may be protected by immunity, but NOT if the actor intentionally caused injury. Immunities only apply for actions taken in the scope of a person’s authority to act. Also, liability may exist, where the government actor commits an "intentional" tort or acts with "actual malice," such as an assault or battery. Thus, a governmental actor who negligently uses excessive force may be protected by immunity, but NOT if the actor intentionally caused injury.

Both of these are true for ALL types of individual government actors.

More importantly, though, with respect to injury caused by the negligent operation of a motor vehicle by a local government employee, there is a significant waiver of immunity if you comply with applicable pre-suit notice requirements.

Local governmental entities are required to purchase automobile liability insurance for acts committed by their employees arising from the negligent operation of a motor vehicle. And, it provides for fairly high coverage ceilings depending on when the cause of action accrues; this waiver for bodily injury damages is up to $100,000.00 (after January 1, 2005), up to $250,000.00 (after January 1, 2006) and up to $500,000.00 (after January 1, 2007).

Top

Why are these Federal immunity rules so important; why can’t I just sue anyway?

Written by Rockefeller Law Center

The reason these rules of immunity are so important is because of a legal procedural rule called "summary judgment."

A party to a lawsuit, can seek "summary judgment" on any issue and, in civil rights cases, government (individual or entity) defendants file for one to frustrate a plaintiff seeking justice for a wrong.

When the government defendant files for summary judgment, the judge is asked to consider the various immunity issues and decide if the plaintiff can continue with a civil rights lawsuit.

If the judge grants the government (individual or entity) defendant’s request for summary judgment, the lawsuit comes to a screeching halt and the plaintiff either has to go through an expensive, and often fruitless, appeal process or drop the lawsuit – without ever getting to present the case to a jury!

Read more...

Top