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 Kansas, legal immunity from suit or liability in civil litigation and from prosecution in criminal cases is recognized in various forms. Judicial immunity provides judges and court officers with protection from liability for acts performed in the exercise of their judicial functions. Witness immunity may be granted to witnesses to encourage truthful testimony without the fear of subsequent civil or criminal liability. Diplomatic immunity, which is governed by federal law and international treaties, shields foreign diplomats from legal action in the U.S. courts. Governmental or sovereign immunity generally protects the state of Kansas and its political subdivisions from being sued without their consent, although this immunity can be waived in certain circumstances as prescribed by the Kansas Tort Claims Act (KTCA). The KTCA allows for civil suits against the state or its municipalities for negligent or wrongful acts of government employees acting within the scope of their employment, subject to specific limitations and exceptions. In criminal prosecutions, immunity can be granted by prosecutors to individuals in exchange for testimony or cooperation, which is often used as a tool to advance the public interest in the prosecution of crime.