The legal doctrine of sovereign immunity limits the circumstances under which a private person or entity (a nongovernmental unit) may sue a state government or the federal government. Sovereign immunity in the United States was derived from the English common law policy (from Great Britain) that the king (the sovereign) could do no wrong and should not be held to account by his subjects (the people).
Current legal theory also relies on sovereign immunity to protect the public treasury (the fisc) from unlimited claims.
Many states have laws (statutes) known as tort claims acts that waive the government’s immunity in whole or in part for certain specified claims and allow private parties (persons or entities) to sue the government for torts (wrongful acts) committed by persons acting on behalf of the government. In some instances, tort claims acts waive sovereign immunity for claims against the government for personal injuries (as well as for property damage).
And the U.S. Congress has passed a law (a statute) known as the Federal Tort Claims Act that waives the federal government’s immunity for certain claims and allows private parties (persons or entities) to sue the federal government for torts (wrongful acts) committed by persons acting on behalf of the federal government. The Federal Tort Claims Act is located in the United States Code, beginning at 28 U.S.C. §2674.
Lawsuits against the federal government under the Federal Tort Claims Act must be filed in federal courts in the United States.
In Florida, the doctrine of sovereign immunity limits the ability of individuals or entities to sue the state government for certain actions. This principle, rooted in English common law, is meant to protect the state from unlimited legal claims that could deplete public funds. However, Florida, like many other states, has enacted a Tort Claims Act, specifically the Florida Tort Claims Act, which partially waives the state's sovereign immunity. This waiver allows for lawsuits against the state government in cases of wrongful acts committed by government employees or agents under certain conditions. Similarly, at the federal level, the Federal Tort Claims Act (FTCA) waives sovereign immunity for certain tort claims against the federal government, permitting individuals to file lawsuits for wrongful acts committed by federal employees in the scope of their employment. Claims under the FTCA must be brought in federal court. It's important to note that both the state and federal waivers of sovereign immunity come with specific provisions and limitations, and potential claimants often must adhere to particular procedures and timelines when seeking to hold the government accountable for tortious conduct.