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What is Governmental Immunity and How Can You Fight It?

The importance of our public institutions cannot be understated. Without the structure of government at the local, state, and federal levels, many of our protections, services, and comforts would fall apart or even cease to exist.

However, despite their undeniable necessity and lofty standing, it should be remembered that these institutions and their employees exist to serve the people. If they fail to perform their function, act unethically, or bring harm to the public, they should be held accountable by the law.

They should be. But thanks to something called “sovereign immunity”—known today as “governmental immunity”—they often aren’t, taking advantage of broad protections granted by legal precedence older than the United States itself. Governmental immunity is designed to shield them from prosecution when the performance of their public function falls short.

Familiar with the phrase “The king can do no wrong?” This is where it comes from. And despite its antiquated and problematic origins in English monarchy, conveniently, our lawmakers found a way to incorporate what is effectively a “cheat code” into American law.

How exactly does it work? In short, the government can’t be sued unless they agree to be. That’s right. From officers to educators, legislators to regulators, governmental immunity suggests these institutions and those working for them are free from accountability simply because they say they are.

That’s where we come in.

No One is Above the Law

Our founder Ven Johnson sums it up nicely: “When negligence causes destruction and death, the laws that apply to every one of us should apply to government too. No one is above the law and immunity shouldn’t be a defense.”

The inherent bias of governmental immunity presents a significant barrier to justice—a barrier we’re ready to kick down to get you what you deserve. If you’ve been the victim of government misconduct, don’t let them hide behind this unfair, outdated system. Call us, and let’s take the fight to them—together.