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 Florida, various types of legal immunity protect individuals and entities from civil liability and criminal prosecution. Judicial immunity shields judges from being sued for actions performed in their official capacity, ensuring that judges can perform their duties without fear of personal consequences. Witness immunity may be granted to witnesses in criminal cases to encourage them to testify truthfully without self-incrimination, often in exchange for their cooperation with the prosecution. Diplomatic immunity is governed by federal law and international treaties, such as the Vienna Convention on Diplomatic Relations, and it provides foreign diplomats with protection from lawsuit and prosecution under certain conditions. Governmental or sovereign immunity in Florida is based on the doctrine that the state and its subdivisions cannot be sued without their consent. This is codified in the Florida Statutes, which also outline the circumstances and limitations under which the state may waive its immunity and consent to be sued, typically through the process of filing a claim under the Florida Tort Claims Act.