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 North Carolina, legal immunity encompasses various forms that protect individuals or entities from civil liability or criminal prosecution. Judicial immunity in NC 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, governed by federal law and international treaties, applies to foreign diplomats and provides them with protection from lawsuit and prosecution, though it is not specific to NC law. Governmental or sovereign immunity in NC generally protects state government entities and officials from being sued in their official capacities for discretionary acts performed within the scope of their duties, unless waived by the state or in cases where the state has purchased insurance that waives the immunity. However, this immunity is not absolute and there are exceptions, such as when a government actor is found to have acted with malice or in gross negligence. It's important to note that the application of immunity can be complex and may depend on the specific circumstances of each case.