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 Iowa, as in other states, various forms of legal immunity protect certain individuals and entities from civil liability and criminal prosecution. Judicial immunity in Iowa shields judges from being sued for actions they take in their official capacity, ensuring that judges can perform their duties without fear of personal liability. Witness immunity is another form of protection that may be granted to witnesses in criminal cases to encourage them to testify truthfully without self-incrimination; this can be transactional (complete immunity from prosecution for the offenses to which their testimony relates) or use and derivative use immunity (prevents the prosecution from using the witness's testimony or any evidence derived from it). Diplomatic immunity, governed by federal law and international treaties, provides foreign diplomats with protection from civil and criminal jurisdiction of the host country. Lastly, governmental or sovereign immunity in Iowa generally protects state and local government entities and their employees from being sued for performing their official duties, although this immunity can be waived by the state in certain situations, such as through the Iowa Tort Claims Act, which allows for some government liability in cases of negligence. It's important to note that the application of immunity can be complex and may vary depending on the specific circumstances and the type of immunity claimed.