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 Georgia, the legal doctrine of sovereign immunity generally prevents individuals or entities from suing the state government for damages, reflecting the principle that the state cannot commit a legal wrong and is immune from civil suit or criminal prosecution. However, Georgia, like many other states, has enacted a State Tort Claims Act (Official Code of Georgia Annotated, O.C.G.A. § 50-21-20 et seq.) that partially waives this immunity. This Act allows for certain types of lawsuits against state agencies and employees acting within the scope of their official duties, but it includes limitations on the types of claims that can be brought and caps on damages. At the federal level, the Federal Tort Claims Act (28 U.S.C. § 2674 et seq.) similarly waives sovereign immunity in certain cases, permitting individuals to sue the federal government for torts committed by federal employees in the scope of their employment. Claims under the Federal Tort Claims Act must be brought in federal court. It's important to note that both the State Tort Claims Act and the Federal Tort Claims Act have specific procedural requirements and exceptions, and an attorney can provide guidance on the potential for litigation against government entities.