Section 9.31 Raising the Issue of Sovereign Immunity

• Library: Local Government Deskbook (2017 Ed.)

A. (§9.31) Raising the Issue of Sovereign Immunity

Although some cases have treated sovereign immunity as an affirmative defense—e.g., Greene County v. State, 926 S.W.2d 701 (Mo. App. W.D. 1996)—as noted in Richardson v. City of St. Louis, 293 S.W.3d 133, 137 (Mo. App. E.D. 2009), “Missouri courts have routinely held that sovereign immunity is not an affirmative defense and that the plaintiff bears the burden of pleading with specificity facts giving rise to an exception to sovereign immunity when suing a...