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 North Carolina, the doctrine of sovereign immunity generally protects the state government from being sued without its consent. However, this immunity is not absolute. North Carolina has enacted the North Carolina Tort Claims Act, which allows private parties to file claims against the state for certain types of damages caused by the negligent acts of state employees, within the scope of their employment. This Act is a waiver of sovereign immunity to a limited extent and includes specific procedures and limitations for such claims. Claims under the North Carolina Tort Claims Act are heard by the North Carolina Industrial Commission rather than in the regular court system. At the federal level, the Federal Tort Claims Act (FTCA) similarly waives sovereign immunity for certain types of tort claims against the United States. This allows individuals to sue the federal government for wrongful acts committed by federal employees in the performance of their duties. Claims under the FTCA must be filed in federal court. Both the North Carolina Tort Claims Act and the FTCA have their own distinct procedures, limitations, and exceptions, and it is important for claimants to understand these before proceeding with a lawsuit against the state or federal government.