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Sovereign immunity (view source)

Revision as of 14:44, September 13, 2007

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Sovereign immunity is based on the traditional view from [[England]] that "the King can do no wrong."
 
Sovereign immunity is based on the traditional view from [[England]] that "the King can do no wrong."
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Sovereign immunity does not typically protect state or local governments when they act in a proprietary or business-like manner.
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== Examples ==
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In ''Hayes v. Williamsville Cent. School Dist.'', (W.D.N.Y. 2007), a [[federal]] [[court]] held that the New York State Education Department had [[Eleventh Amendment]] immunity from some but not all claims asserted by a parent and student. The Department enjoyed immunity for alleged violations of the Americans with Disabilities Act, the Family Educational Rights and Privacy Act, and [[Section 1983]]. It did not have immunity under the Rehabilitation Act or Title VI of the Civil Rights Act, to the extent that those claims sought compensatory damages.
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In ''Fowler v. Tyler Independent School Dist.'', (Tex.App.-Tyler 2007), an independent public school district that provided the venue for a high school football playoff game was a purely governmental agency.  It exercised only such powers that the State delegated to it. It was not acting in a sufficiently proprietary capacity to lose its sovereign immunity and be liable for a fan who slipped and fell at a game.
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[[category:law]]
 
[[category:law]]
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