What is sovereign immunity? | Herman Law

What is sovereign immunity?

Sovereign immunity is a legal concept that basically protects government or government entities from being sued. And so, we see this come up often times when a public school is involved in a case. If we sue a public school, states have the sovereign immunity and say no their schools can’t be sued, or if they can’t be sued, there’s a cap on the amount of damages. It comes from the old English doctrine that the king is sovereign, and can’t be sued,. But in the United States now, States may have sovereign immunity but if it’s a public school and there is a claim under a federal law which is called a Title Nine claim and it depends on the facts, but if there’s a Title Nine claim then there is no cap and there is no sovereign immunity, and that’s important.

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