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 Kentucky, as in other states, the legal doctrine of sovereign immunity generally prevents the state government from being sued without its consent. This principle is rooted in the historical concept that the sovereign, or the state, cannot commit a legal wrong and is immune from civil suit or criminal prosecution. However, Kentucky has enacted the Kentucky Board of Claims Act, which allows for certain claims to be brought against the state for damages or injuries caused by the negligent acts of state employees while acting within the scope of their employment. This act serves as a limited waiver of the state's sovereign immunity. Similarly, at the federal level, the Federal Tort Claims Act (FTCA) allows for certain types of lawsuits to be filed against the United States government for wrongful acts committed by federal employees. The FTCA represents a waiver of sovereign immunity by the federal government, permitting private parties to sue in federal court for certain torts. It is important to note that both the state and federal waivers of immunity come with specific provisions and limitations, and potential claimants must comply with the procedural requirements set forth in the respective statutes to pursue their claims.