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 Massachusetts, the principle of sovereign immunity means that the state and its various departments are generally immune from being sued unless they consent to the lawsuit. This immunity extends to both the state government and its political subdivisions. However, Massachusetts has enacted the Massachusetts Tort Claims Act (MTCA), found in Massachusetts General Laws Chapter 258, which waives sovereign immunity in certain situations, allowing individuals to sue the state for damages due to negligence and other tortious acts committed by public employees within the scope of their employment. There are specific procedures and limitations outlined in the MTCA, including caps on damages and notice requirements. At the federal level, the Federal Tort Claims Act (FTCA) similarly waives sovereign immunity for certain types of tort claims against the federal government, allowing individuals to file claims for damages resulting from wrongful acts by federal employees acting within the scope of their employment. Claims under the FTCA must be brought in federal court.