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 Maine, as in other states, various forms of legal immunity protect certain individuals and entities from civil liability or criminal prosecution. Judicial immunity in Maine shields judges from being sued for actions they take in their official capacity, ensuring that judges can perform their duties without fear of personal consequences. Witness immunity is another form of protection that may be granted to witnesses in criminal cases to encourage them to testify without fear of prosecution based on their testimony. Diplomatic immunity, governed by federal law and international treaties, protects foreign diplomats from legal action in the U.S. Lastly, governmental or sovereign immunity generally protects the state of Maine and its subdivisions from being sued without their consent, although this immunity can be waived in certain circumstances, such as through the Maine Tort Claims Act, which allows for some lawsuits against the government under specific conditions. It's important to note that the application of immunity can be complex and may vary depending on the specific circumstances of each case.