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 Oregon, legal immunity from suit or liability in civil litigation and from prosecution in criminal cases is recognized in various forms. Judicial immunity provides judges and court officers with protection from liability for acts performed in the exercise of their judicial functions. Witness immunity may be granted to witnesses to encourage truthful testimony without the fear of subsequent prosecution based on that testimony. Diplomatic immunity, which is governed by federal law and international treaties, shields foreign diplomats from civil and criminal jurisdiction of the courts in the United States, including those in Oregon. Governmental or sovereign immunity generally protects the state and its subdivisions, including agencies and employees, from being sued without their consent, although this immunity can be waived by statute in certain circumstances. It's important to note that the specifics of how these immunities are applied can vary, and they may be subject to exceptions and conditions as outlined in relevant state statutes, federal laws, and case law.