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 Mississippi, legal immunity from suit or liability in civil litigation and from prosecution in criminal cases is recognized under various statutes and legal principles. Judicial immunity in MS protects judges from being sued for actions performed in their official capacity, ensuring that judges can perform their duties without fear of personal liability. Witness immunity may be granted to witnesses in criminal cases to encourage testimony, which can be either transactional (complete protection from prosecution for the offense) or use and derivative use immunity (protection from the use of the witness's testimony or any evidence derived from it in a prosecution). Diplomatic immunity is governed by federal law and international treaties, providing foreign diplomats with protection from civil and criminal jurisdiction of the host country's courts. Governmental or sovereign immunity shields the state and its subdivisions, including agencies and employees, from lawsuits unless the state has consented to be sued, typically through legislation such as the Mississippi Tort Claims Act. This Act allows for certain types of lawsuits against the state government under specified conditions, while still maintaining immunity in other situations. It's important to note that the scope and application of these immunities can be complex and may require the interpretation of an attorney.