Section 9.2 Doctrine of Sovereign Immunity

• Library: Local Government Deskbook (2017 Ed.)

A. (§9.2) Doctrine of Sovereign Immunity

Sovereign immunity is the legal doctrine that exempts government from tort liability. The doctrine of sovereign immunity has been criticized as an anachronism having its origin in the theory that “the king can do no wrong.” It has been defended as a necessary protection from interference with the functions of government.

Sovereign immunity was part of the common law of England that was transplanted to America and survived the Revolution. In Cohens v. Virginia, 19...