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 Nebraska, 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 Nebraska 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 often granted to witnesses to encourage them to testify without fear of subsequent civil or criminal liability, and it can be either absolute or qualified, depending on the circumstances. Diplomatic immunity is governed by federal law and international treaties, such as the Vienna Convention on Diplomatic Relations, and it shields foreign diplomats from civil and criminal jurisdiction of the host country's courts. Governmental or sovereign immunity in Nebraska generally protects state government entities and officials from being sued without their consent, which is codified in the State Tort Claims Act. However, this immunity is not absolute, and there are statutory exceptions that allow for certain types of lawsuits against the state or its employees.