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 Kentucky, as in other states, various forms of legal immunity protect individuals and entities from civil liability and criminal prosecution. Judicial immunity in Kentucky 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 for defamation based on that testimony. Diplomatic immunity, which is governed by federal law and international treaties, exempts foreign diplomats from certain laws and from being subject to court jurisdiction in the U.S. Governmental or sovereign immunity in Kentucky generally protects state government and its agencies from being sued unless the state has waived this immunity, such as through the Kentucky Board of Claims Act for certain tort claims. It's important to note that the specifics of how these immunities apply can vary and may be subject to limitations and exceptions, and in criminal cases, prosecutors may grant immunity to witnesses in exchange for testimony. The application of immunity is often complex and fact-specific, and an attorney can provide guidance on how immunity may apply in a particular legal situation.