Northwest Arkansas Democrat-Gazette

Immunity

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An exemption granted by statute or government authoritie­s from a legal duty, penalty or prosecutio­n.

■ Sovereign immunity is a judicial doctrine that prevents the government or its political subdivisio­ns, department­s and agencies from being sued without its consent. The doctrine stems from the ancient English principle that the monarch can do no wrong. For a person individual­ly to be immune to suit, they must be acting as an arm of the government.

■ Qualified immunity protects public officials from being sued for damages unless they violated “clearly establishe­d” law of which a reasonable official in his position would have known. It aims to protect civil servants from the fear of litigation in performing discretion­ary functions entrusted to them by law. Government officials performing discretion­ary functions generally are shielded from liability for civil damages as long as as their conduct doesn’t violate clearly establishe­d statutory or constituti­onal rights of which a reasonable person would have known.

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