Immunities - TORTS

Traditional Immunities

1. Government entities

2. Charities

3. Family Members

traditionally were immune from tort liability, but most of these immunities have been abolished or significantly limited

Modern Rule on Immunities

Formal immunities largely eliminated but government defendants still operate under special rules, limitations, and procedural requirements

FTCA General Rule

the U.S. government waives sovereign immunity and may be sued “in the same manner and to the same extent as a private individual” under like circumstances.

A USPS driver negligently rear-ends another car.
→ The injured driver can sue the U.S. government just as they could sue a private delivery company.

FTCA Limitation: No Punitive Damages

Even when liable, the government cannot be ordered to pay punitive damages

A federal prison guard intentionally destroys an inmate’s property.
→ Inmate may recover compensatory damages, but no punitive award is allowed against the U.S.

FTCA Exception: Enumerated Intentional Torts

The FTCA does not waive immunity for intentional torts such as battery, assault, false arrest, malicious prosecution, libel, slander, and misrepresentation

A federal IRS agent punches a taxpayer during an argument.
→ The taxpayer cannot sue the U.S. for battery under the FTCA.

FTCA Exception: Discretionary Functions

Government remains immune when the conduct involves policy discretion, planning, or judgment, even if the decision turns out badly

The FAA decides not to install extra radar systems due to cost concerns, leading to a plane accident.
→ Immune as a policy decision, not an operational error.

FTCA Exception: Government Contractor Defense

A contractor is immune if it:

1. Followed precise government specifications, and

2. Warned the government of known risks

3. EX: A manufacturer builds military airplanes exactly to Pentagon specs and tells the government about a wing-stress risk.
   → Injury from the plane design = contractor immune, blame shifts to government decision-making.

FTCA Exception: Traditional Governmental Activities

Immunity remains for traditional activities like tax collection, postal operations, money regulation, quarantine, admiralty, and military functions

EX: A soldier injured during a combat training drill cannot sue the U.S. for negligent military training.

State Government Immunity

States have partially waived immunity but often impose damage caps, notice requirements, strict timelines, and limited causes of action

A state trooper negligently crashes into a civilian.
→ Civilian can sue, but state law caps recovery at $300,000, and a special notice must be filed within 6 months.

State Agencies

Unless a statute says otherwise, the same rules apply to state agencies like prisons, public schools, or state hospitals

EX: A patient is injured by negligence in a state-run hospital.
→ The hospital is protected by the same immunity rules that apply to the state.

Municipal Liability Usually Statutory

Cities, counties, and other local entities are governed by state tort claims acts, not common law

A city garbage truck injures a pedestrian.
→ The pedestrian must follow statutory procedures (notice, timing) to sue the city.

Governmental vs Proprietary Functions

Municipalities are generally immune for governmental functions but liable for proprietary functions similar to private businesses

• Police fail to respond to a call → governmental, likely immune.

• City negligently maintains a public water utility → proprietary, liable like a private utility company.

Public Duty Rule

a municipality owes duties to the public at large, not individuals, unless a special relationship creates a specific duty

Police fail to arrest a known dangerous criminal who later injures someone.
→ No liability because the duty was owed to the public, not the individual victim.

Special Relationship Requirement

A special relationship overcomes the public duty rule, creating an individualized duty of protection

EX: Police promise a woman they will guard her home overnight but fail to show up.
→ Special relationship = duty owed.

Special Relationship Factor: Affirmative Promises

If officials promise protection or undertake specific action, a special duty arises

911 operator tells caller, “An officer is on the way; stay where you are.”
→ If no officer comes and caller is harmed, liability may attach.

Special Relationship Factor: Knowledge of Risk

A duty arises when government agents know that failure to act will likely cause harm

EX: Police know a specific stalker is at the victim’s house threatening violence but fail to intervene.
→ Knowledge + failure to act = potential liability.

Special Relationship Factor: Direct Contact

Direct interaction between municipal agents and the plaintiff can establish a special duty

EX: Firefighters tell a homeowner they will inspect faulty wiring that night but fail to return.
→ Direct contact creates an individualized duty.

Special Relationship Factor: Justifiable Reliance

If the P relies on government assurances, and that reliances is reasonable, a special duty arises

Police tell a woman it is safe to return home because her abusive ex “has been detained,” when he has not

She relies on that assurance and is assaulted → special duty exists

Government Officials - Discretionary Function Immunity

Government officials are immune when performing discretionary functions - acts requiring judgment or choice - as long as they act without malice

EX: A child protective services worker chooses not to remove a child from a home after evaluating the situation. Later the child is injured. The worker is immune because the decision involved professional judgment.

No Immunity for Ministerial Acts

No immunity for ministerial (routine, mandatory) acts

EX: a government employee crashes into another car while driving a state vehicle during work duties. Driving is a ministerial task, so the employee is not immune

Absolute Immunity for High-Ranking Officials

Legislators, judges, prosecutors, and high-level executive officials have absolute immunity for official acts

EX: A judge wrongly sentences someone based on misinterpreted evidence → immune (judicial act).

• A prosecutor decides to file charges based on weak evidence → immune (prosecutorial function).

• A senator votes for a bill that harms a business → immune (legislative act).

Westfall Act (Federal Employee Immunity)

Federal employees have absolute immunity from personal liability for torts committed within the scope of employment

EX: A postal worker negligently drops a heavy package on someone’s foot while delivering mail. The injured person must sue the U.S. government, not the employee.

Intra-Family Immunity

Applies only to personal injury, not property damage

EX: A husband destroys his wife’s laptop in anger. She can sue for property damage; immunity does not apply.

Interspousal Immunity (Abolished in Most Jurisdictions)

Historically barred spouses from suing each other, but most jurisdictions have abolished it

EX: A wife suffers injuries after her husband negligently rear-ends another car. In most jurisdictions, she may sue him just like any other negligent driver.

Parent-Child Immunity (largely abolished/restricted)

Largely abolished or restricted but still applies to core parenting decisions (supervision, discipline)

EX: A father lets his son climb a tall tree and the son falls. This is a parenting decision, so immunity still applies in many jurisdictions.

Exception: Automobile Accidents

Kids can sue parents for car accidents

EX: A mother negligently fails to stop at a red light and crashes, injuring her child—child can sue for negligence.

Exception: Extreme Intentional Misconduct

No immunity for intentional torts

EX: A father physically abuses his child. The child may sue for battery

Exception: Dual Capacity

Parent acting in a professional role can be sued

EX: A father who is a surgeon negligently performs surgery on his child → child may sue for medical malpractice.

Charitable Immunity (Largely Eliminated in Most Jurisdictions)

The old rule that charities were immune has been eliminated in most jurisdictions.

EX: a hospital run by a nonprofit performs negligent surgery. The patient can sue the nonprofit hospital.

Damage Caps - Charities

Some states cap damages recoverable from charities