Discerning Immunity for Governmental Entities: Analyzing Legislative Choices

In 2006, three disagreements about the scope of immunity for governmental entities were considered by the U.S. Supreme Court. Governmental entities were seeking to avoid liability for their actions, claiming the defense of sovereign immunity. Other lawsuits involving governmental immunity under state constitutional and statutory provisions disclose controversies concerning the responsibilities of governments to injured persons. The complicated jurisprudence governing immunity for governmental entities shows two alternatives for legislatures. They have the ability to increase liability by waiving immunity or to add defenses that defeat liability. The trend seems to be to waive immunity for governmental entities while adding statutory defenses that are available to both the private sector and governmental entities.