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 Idaho, as in other states, various forms of legal immunity protect individuals and entities from civil liability and criminal prosecution. Judicial immunity in Idaho shields judges from being sued for actions taken in their official capacity, ensuring that judges can perform their duties without fear of personal liability. Witness immunity may be granted to witnesses in criminal cases to encourage them to testify without fear of prosecution based on their testimony. Diplomatic immunity, which is governed by federal law and international treaties, protects foreign diplomats from civil and criminal jurisdiction of the courts in the United States, including those in Idaho. Governmental or sovereign immunity generally protects the state of Idaho and its subdivisions from being sued without their consent, although this immunity can be waived in certain circumstances, such as through the Idaho Tort Claims Act, which allows for some lawsuits against the state or its employees for negligence. It's important to note that the specifics of how these immunities apply can vary and may be subject to limitations and exceptions, and an attorney can provide detailed guidance on how immunity might apply in a particular legal situation.