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 Tennessee, legal immunity from suit or liability in civil litigation and from prosecution in criminal cases is recognized in various forms. Judicial immunity in Tennessee protects judges from liability 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, protecting them from being sued for their 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 Tennessee. Governmental or sovereign immunity generally protects the state of Tennessee and its political subdivisions from being sued without their consent, although the Tennessee Governmental Tort Liability Act provides certain exceptions where the government can be held liable for specific acts. Additionally, in criminal prosecutions, prosecutors may grant immunity to witnesses in exchange for their testimony, which can either be transactional (complete immunity from prosecution for the offense) or use and derivative use immunity (preventing the prosecution from using the witness's testimony or any evidence derived from it against the witness). Each type of immunity serves to facilitate the functioning of the legal system and is subject to specific conditions and limitations.