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 Colorado, legal immunity encompasses various forms where individuals or entities are protected from civil liability or criminal prosecution. Judicial immunity in Colorado shields judges from liability for acts performed in their judicial capacity, unless they acted in the clear absence of all jurisdiction. Witness immunity is provided to witnesses for testimony given in court, protecting them from being sued based on that testimony. Diplomatic immunity, governed by federal law and international treaties, exempts foreign diplomats from certain laws and from being subject to court jurisdiction in the United States. Governmental or sovereign immunity in Colorado is outlined in the Colorado Governmental Immunity Act (CGIA), which provides that the state, its political subdivisions, and employees, while acting within the scope of their employment, are immune from liability in certain instances. However, the CGIA also specifies situations where immunity is waived, such as in cases of a public entity's negligence that results in injuries. It's important to note that the specifics of immunity can be complex and may require analysis by an attorney to determine applicability in any given situation.