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 Tennessee, as in other states, the doctrine of sovereign immunity generally protects the state government from being sued without its consent. However, Tennessee has enacted the Tennessee Governmental Tort Liability Act (TGTLA), which waives sovereign immunity in certain circumstances, allowing individuals to sue the state or its subdivisions for specific tort claims, including negligence by government employees acting within the scope of their employment. The TGTLA sets forth the conditions under which such claims can be brought and the limitations on damages that can be awarded. At the federal level, the Federal Tort Claims Act (FTCA) similarly waives sovereign immunity for certain types of tort claims against the United States government, allowing private parties to file lawsuits for wrongful acts committed by federal employees in the scope of their employment. Claims under the FTCA must be brought in federal court, and there are specific procedures and limitations that apply to these claims as outlined in 28 U.S.C. §2674 and subsequent sections.