Immunity is an exemption granted by statute or government authorities
from a legal duty, penalty or prosecution. There are generally three types
of immunity at law:
- witness immunity in exchange for information or
testimony in a criminal matter, granted by the prosecutors, a judge, a
grand jury or an investigating legislative committee;
- public officials' protection from liability for decisions made in the course of their official duties
- governmental or sovereign immunity, which protects government
agencies from lawsuits unless the government agrees to be sued;
- diplomatic immunity which exempts foreign ambassadors from most U.S. criminal prosecution.
The following is an example of a Colorado law dealing with immunity;
- " Any action against a public employee, whether brought pursuant
to this article, section 29-5-111, C.R.S., the common law, or otherwise,
which lies in tort or could lie in tort regardless of whether that may
be the type of action or the form of relief chosen by the claimant and
which arises out of injuries sustained from an act or omission of such
employee which occurred or is alleged in the complaint to have occurred
during the performance of his duties and within the scope of his employment,
unless the act or omission causing such injury was willful and wanton,
shall be subject to the following requirements and limitations, regardless
of whether or not such action against a public employee is one for which
the public entity might be liable for costs of defense, attorney fees,
or payment of judgment or settlement under section 24-10-110:
- Compliance with the provisions of section 24-10-109, in the forms
and within the times provided by section 24-10-109, shall be a jurisdictional
prerequisite to any such action against a public employee, and shall be
required whether or not the injury sustained is alleged in the complaint
to have occurred as the result of the willful and wanton act of such employee,
and failure of compliance shall forever bar any such action against a public
employee. Any such action against a public employee shall be commenced
within the time period provided for that type of action in articles 80
and 81 of title 13, C.R.S., relating to limitation of actions, or it shall
be forever barred.
- The maximum amounts that may be recovered in any such action against
a public employee shall be as provided in section 24-10-114 (1), (2), and (3).
- A public employee shall not be liable for punitive or exemplary
damages arising out of an act or omission occurring during the performance
of his duties and within the scope of his employment, unless such act or
omission was willful and wanton.
- The fact that a plaintiff sues both a public entity and a public
employee shall not be deemed to increase any of the maximum amounts that
may be recovered in any such action as provided in this section or in section
24-10-114.
2.
- A public employee shall be immune from liability in any claim
for injury, whether brought pursuant to this article, section 29-5-111,
C.R.S., the common law, or otherwise, which lies in tort or could lie in
tort regardless of whether that may be the type of action or the form of
relief chosen by a claimant and which arises out of an act or omission
of such employee occurring during the performance of his duties and within
the scope of his employment unless the act or omission causing such injury
was willful and wanton; except that no such immunity may be asserted in
an action for injuries resulting from the circumstances specified in section
24-10-106 (1).
- Any member of any state board, commission, or other advisory body
appointed pursuant to statute, executive order, or otherwise, and any other
person acting as a consultant or witness before any such body, shall be
immune from liability in any civil action brought against said person for
acts occurring while the person was acting as such a member, consultant,
or witness, if such person was acting in good faith within the scope of
such person's respective capacity, makes a reasonable effort to obtain
the facts of the matter as to which action was taken, and acts in the reasonable
belief that the action taken by such person was warranted by the facts.
2.5 If a public employee raises the issue of sovereign immunity prior
to or after the commencement of discovery, the court shall suspend discovery;
except that any discovery necessary to decide the issue of sovereign immunity
shall be allowed to proceed, and the court shall decide such issue on motion.
The court's decision on such motion shall be a final judgment and shall
be subject to interlocutory appeal.
3. Nothing in this section shall be construed to allow any action which
lies in tort or could lie in tort regardless of whether that may be the
type of action or the form or relief chosen by a claimant to be brought
against a public employee except in compliance with the requirements of
this article.
4. The immunities provided for in this article shall be in addition
to any common-law immunity applicable to a public employee.
5. Notwithstanding any provision of this article to the contrary, a
public entity may, if it determines by resolution adopted at an open public
meeting by the governing body of the public entity that it is in the public
interest to do so, defend a public employee against a claim for punitive
damages or pay or settle any punitive damage claim against a public employee."
Relevant legal forms include:
Jury Instruction - Accomplice - - Informer - - Immunity
Jury Instruction - Accomplice - - Addictive Drugs - - Immunity
