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Sovereign Immunity

CALIFORNIA

Doctrine of sovereign immunity abolished.

COLORADO

Although sovereign immunity has been abolished, numerous rules and limitations apply waived for motor vehicle accidents, operation of certain public facilities, dangerous highways, roads, and streets. Limit of $150,000 on damages per person and $600,000 per occurrence unless increased by governing body.

CONNECTICUT

Claims Commissioner may authorize suit against state. Action against state must be brought within 1 year of authorization. Jury not allowed.

Political subdivisions of state liable for certain negligent acts.

DELAWARE

Waived but only for actions in state court and only when claim is covered by state insurance program.

DISTRICT OF COLUMBIA

Action against the District of Columbia requires notice in writing to mayor within 6 months of injury, or police report.

FLORIDA

Waived only when employee is acting within scope and not acting in bad faith. Allowed only up to limit of insurance coverage. Requires prior written notice within 3 years of incident, must have notice in writing after injury to municipality and department of insurance.

GEORGIA

Neither implied contract nor claim couched in contract but sounding in tort will support waiver of sovereign immunity.  Sovereign immunity is waived only to extent of liability of insurance purchased.

HAWAII

State waived sovereign immunity from torts of its employees and is liable to same extent as private individual but not liable for interest prior to judgments nor for punitive damages.

IDAHO

Abolished to the extent of insurance or statutory amount of $500,000 per occurrence.

ILLINOIS

State has adopted an immunity statute governing when actions against the state or its political subdivisions are permitted. In certain municipal actions, notices of claim are required.

INDIANA

Immunity available to government entities in some limited situations. Notice required for claims against state and local governments.

IOWA

Suits against state of Iowa not barred, but notice of claim must be given in two years.

KANSAS

Abolished.  State liable for damages caused by negligent or wrongful act or omission of government employee acting within scope of employment.  Certain immunities remain.  Medical malpractice for municipalities same as for private defendant.  Government damage capped at $500,000 unless insurance for greater amount.  No punitive damages against municipalities. 

KENTUCKY

Partially waived. Notice must be given to Board of Claims within 2 years of injury.  Damages permitted up to $200,000 per individual and $350,000 per claim.

LOUISIANA

No immunity for state, state agency from suit and liability in contract or injury to person or property.  Although special statutes do exist to limit liability and create structured payment plans.  Max awards of $500,000 except as to medical care and loss of earnings.

MAINE

Removed for certain tort claims. Damages limited to $400,000 per occurrence.

MARYLAND

Limited waiver of state’s sovereign immunity in tort claims to extent of insurance coverage.

MASSACHUSETTS

Waived, but limited by statute depending on situation.

MICHIGAN

Only waived by express statutory consent.  State may be sued in accidents involving motor vehicles, aircraft, defective highways, maintenance of public buildings, and in some medical malpractice situations.

MINNESOTA

Abolished, but numerous special rules apply.

MISSISSIPPI

Partially waived and limited to $500,000.  No punitive damages permitted against municipalities.

MISSOURI

Doctrine exists, however, suits permitted for compensatory damages for injuries caused by negligent acts of public employees in operation of motor vehicles, and other specific negligent acts.

MONTANA

Abolished.

NEBRASKA

Cities and all other governmental subdivisions not immune from tort liability arising out of ownership, use, and operation of motor vehicles but damages limited to $1,000,000 per person and $5,000,000 per occurrence.

NEVADA

Waived unless otherwise provided by statute.

NEW JERSEY

Public entity is generally subject to tort liability for acts or omissions of the entity or public employees acting within scope of employment.  However, some exceptions still exist.

NEW MEXICO

Limited by statute.

NEW YORK

Waived. Actions against all municipalities can be brought in Supreme Court. Actions against State, however, must be brought after in Court of Claims and any trial therein is non-jury. 

NORTH CAROLINA

For torts, common law rules govern, but immunity may be waived by cities, counties, board of education, and community colleges by purchasing liability insurance. Then recovery permitted to extent of insurance coverage.  As to State, recovery limited to $150,000.

NORTH DAKOTA

State and political subdivisions have limited tort liability. 

OHIO

Waived with certain exceptions and limited to $250,000. SOL is 2 years in a civil action against the state or its political subdivisions must be brought within two years from the time the cause of action arose or within any shorter period of time applicable in similar suits between private parties.  Thus a malpractice claim is one year and a personal injury claim not involving a minor is two years. No punitive damages allowed.

OKLAHOMA

Waived, however, specific rules apply as to amounts recoverable.

OREGON

Damages limited to $50,000 for property damage, $100,000 for claims arising out of a single occurrence, and $500,000 for any number of claims arising out of a single occurrence.

PENNSYLVANIA

Reinstated by statute with 9 specific exceptions and with maximum damage awards.

PUERTO RICO

Waived with monetary exceptions.

RHODE ISLAND

Abrogated by statute with $100,000 limit except by special act.

SOUTH CAROLINA

State liable for torts, same as private individual, with limitations and exemptions.

SOUTH DAKOTA

Subject to statutory exceptions.  State and counties, cities and townships, and school districts are not liable for damages for neglectful conduct. Officer or employee of state acting within scope of employment is immune from liability.  To extent, however, of liability insurance covering state, or any other public entity, sovereign immunity deemed waived.

TENNESSEE

Abolished for governmental entities in tort cases.

TEXAS

Waived, but notice required within 6 months of occurrence.

UTAH

Waived only by specific statutes.

VERMONT

State liable for certain injuries to same extent as private individuals however, numerous monetary limits apply.

VIRGINIA

State cannot be sued without its consent except in certain situations and with limits on recovery. Authorized claims barred unless presented in writing to the comptroller or other authorized person no later than 5 years after right to such claim arises. If claim not barred then SOL is 3 years from disallowance of the claim in whole or in part.

WASHINGTON

Doctrine abolished but numerous statutes apply with respect to special rules.

WEST VIRGINIA

Not waived but held inapplicable to municipalities, counties, and board of education and state with liability insurance. Damages recoverable up to amount of insurance.

WISCONSIN

State retains sovereign immunity, except as provided by statute.  Claims against municipalities permitted but governed by statutes with respect to types of cases and amounts of recovery. 

WYOMING

Granted except for wrongful death, personal or property injuries, and certain cases of neglect however, numerous other restrictions apply.