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 South Carolina, as in other states, various forms of legal immunity protect certain individuals and entities from civil lawsuits or criminal prosecution. Judicial immunity in South Carolina 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, which is governed by federal law and international treaties, protects foreign diplomats from civil and criminal jurisdiction of the courts in the United States, including those in South Carolina. Governmental or sovereign immunity generally protects state government entities and officials from being sued without their consent, although the South Carolina Tort Claims Act allows for some exceptions where the state waives its immunity for certain types of actions. It's important to note that the specifics of these immunities can be complex and may require the interpretation of an attorney to understand the full scope and any exceptions.