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 New Mexico, the principle of sovereign immunity means that the state and its various departments are generally immune from lawsuits unless this immunity is waived. New Mexico has enacted the New Mexico Tort Claims Act, which provides specific instances where the state waives its sovereign immunity. This Act allows individuals to sue the state for certain torts committed by public employees while acting within the scope of their duties. The Act outlines the procedures for bringing claims against the state and sets limits on the amount of damages that can be awarded. Similarly, at the federal level, the Federal Tort Claims Act (FTCA) allows for certain types of lawsuits against the United States government. Under the FTCA, individuals can sue the federal government for wrongful acts committed by federal employees during their employment. Claims under the FTCA must be filed in federal court. Both the New Mexico Tort Claims Act and the FTCA have specific requirements and exceptions, and potential claimants often consult with an attorney to navigate these complex legal frameworks.