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 Maryland, legal immunity encompasses various forms that protect individuals or entities from civil liability or criminal prosecution. Judicial immunity in Maryland 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 their statements during the proceedings. Diplomatic immunity is governed by federal law and international treaties, such as the Vienna Convention on Diplomatic Relations, and it protects foreign diplomats from legal action in the U.S. Lastly, governmental or sovereign immunity in Maryland generally protects state and local government entities from lawsuits, with exceptions outlined by the Maryland Tort Claims Act (MTCA) and the Local Government Tort Claims Act (LGTCA). These laws allow for certain types of lawsuits against the government under specific circumstances, but they also set limits on damages and require notice of a claim within a certain time frame.