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 South Carolina, the legal doctrine of sovereign immunity generally prevents individuals or entities from suing the state government for damages, as it is rooted in the principle that the state cannot commit a legal wrong and is immune from civil suits or criminal prosecution. However, like many states, South Carolina has enacted a Tort Claims Act, specifically the South Carolina Tort Claims Act (SCTCA), which partially waives the state's sovereign immunity. This act allows for certain types of lawsuits to be brought against state governmental entities and employees for their wrongful acts, subject to limitations and exceptions outlined in the act. For instance, the SCTCA sets caps on damages and requires that claims be filed within a specific time frame. At the federal level, the Federal Tort Claims Act (FTCA) similarly waives sovereign immunity in certain cases, allowing private parties to sue the United States for torts committed by federal employees within the scope of their employment. Claims under the FTCA must be brought in federal court. Both the SCTCA and FTCA have specific procedures and requirements that must be followed for a claim to be valid.