immunity

Exemption, as from serving in an office, or performing duties which the law generally requires other citizens to perform; e.g. exemption from paying taxes. Freedom or exemption from penalty, burden, or duty. Special privilege.

See also exemption

- judicial immunity

- legislative immunity

- parent-child immunity

- privilege

- sovereign immunity.

@ governmental tort immunity

The federal, and derivatively, the state and local governments are free from liability for torts committed except in cases in which they have consented by statute to be sued; e.g. Federal Tort Claims Act; state tort claims acts. Most states, either by statute or court decision, have abolished or greatly restricted the doctrine of sovereign immunity at both the state and local levels. The Supreme Court has held that local governments can be sued directly under 42 U.S.C.A. No. 1983 for monetary, declaratory, or injunctive relief where "the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body's officers." Monell v. Department of Social Services of N. Y., 429 U.S. 1071, 97 S.Ct. 807, 50 L.Ed.2d 789.

A state law that immunizes government conduct otherwise subject to suit under 42 U.S.C.A. No. 1983 is preempted. Felder v. Casey, 487 U.S. 131, 108 S.Ct. 2302, 101 L.Ed.2d 123.

See also color of law

- Federal Tort Claims Act

- official immunity doctrine

- sovereign immunity

@ immunity from prosecution

By state and federal statutes, a witness may be granted immunity from prosecution for his or her testimony (e.g. before grand jury). States either adopt the "use" or the "transactional" immunity approach. The federal government replaced the later with the former approach in 1970. The distinction between the two is as follows:

"Use immunity" prohibits witness' compelled testimony and its fruits from being used in any manner in connection with criminal prosecution of the witness; on the other hand, "transactional immunity" affords immunity to the witness from prosecution for offense to which his compelled testimony relates. People v. Henson, Colo.App., 705 P.2d 996.

See 18 U.S.C.A. No.No. 6001-6005.

Protection from prosecution must be commensurate with privilege against self incrimination, but it need not be any greater and hence a person is entitled only to protection from prosecution based on the use and derivative use of his testimony; he is not constitutionally entitled to protection from prosecution for everything arising from the illegal transaction which his testimony concerns (transactional immunity). Kastigar v. U. S., 406 U.S. 441, 92 S.Ct. 1653, 32 L.Ed.2d 212

@ interspousal immunity

See husband-wife tort actions.

@ qualified immunity

Affirmative defense which shields public officials performing discretionary functions from civil damages if their conduct does not violate clearly established statutory or constitutional rights of which reasonable person would have known. Lowe v. Letsinger, C.A.Ind., 772 F.2d 308.

@

Property law.

A freedom on the part of one person against having a given legal relation altered by a given act or omission to act on the part of another person. Restatement of Property, No. 4