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 Alabama, legal immunity from suit or liability in civil litigation and from prosecution in criminal cases is recognized under various statutes and legal doctrines. Judicial immunity in Alabama protects judges from being sued 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 without fear of subsequent civil or criminal liability, particularly in criminal cases where their testimony is essential to the prosecution or defense. Diplomatic immunity is governed by federal law and international treaties, which Alabama courts recognize, ensuring that diplomats are not subject to lawsuit or prosecution under the state's jurisdiction. Governmental or sovereign immunity in Alabama shields the state and its subdivisions, including agencies and employees, from being sued in their official capacities unless the state has consented to the suit, typically through legislation waiving immunity for specific instances. It's important to note that the application of immunity can be complex and may vary depending on the specific circumstances of each case.