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 Missouri, legal immunity from suit or liability in civil litigation and from prosecution in criminal cases is recognized in various forms. Judicial immunity in Missouri protects judges from being sued for their judicial acts, as long as those acts are within their jurisdiction and performed in a judicial capacity. Witness immunity is provided to witnesses who testify in court, ensuring they cannot be sued for their testimony. Diplomatic immunity, which is governed by federal law and international treaties, shields foreign diplomats from civil and criminal liability under most circumstances while they are in the U.S. Governmental or sovereign immunity in Missouri generally protects state and local government entities and their employees from being sued for performing their official duties, unless the state has waived immunity by statute or consented to the suit. Specific statutes, such as the Missouri Tort Claims Act, outline the circumstances under which the government and its employees may be liable. It's important to note that these immunities can have exceptions and limitations, and the application of immunity can be complex, often requiring analysis by an attorney.