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 Ohio, legal immunity from suit or liability in civil litigation or from prosecution in criminal cases is a principle that shields individuals or entities from legal responsibility under certain conditions. Judicial immunity in Ohio 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, applies to foreign diplomats and provides them with protection from civil and criminal jurisdiction of the host country's courts. Governmental or sovereign immunity in Ohio generally protects state and local government entities and their employees from being sued for performing their official duties, unless the state has waived this immunity through legislation or consent to be sued. Specific statutes, such as the Ohio Political Subdivision Tort Liability Act, outline the circumstances under which governmental immunity may be waived and the extent of permissible claims against the state or its subdivisions.