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 Missouri, the principle of sovereign immunity generally prevents the state government from being sued without its consent. However, Missouri has enacted the Missouri Tort Claims Act (MTCA), which waives sovereign immunity in certain situations, allowing individuals to sue the state for damages resulting from negligent acts or omissions of public employees while acting within the scope of their employment. The MTCA is found in Missouri Revised Statutes, sections 537.600 to 537.650. It specifies the conditions under which the state or its political subdivisions may be liable and sets forth the procedures for filing a claim. Similarly, at the federal level, the Federal Tort Claims Act (FTCA) allows for suits against the United States for certain torts committed by federal employees in the scope of their employment. Claims under the FTCA must be brought in federal court. It is important for individuals seeking to file a claim against the state of Missouri or the federal government to consult with an attorney to understand the specific limitations and requirements of these acts.