Immunity, an affirmative defense to tort claims against governmental entities, is generally identified as being one of three types: sovereign, qualified, or absolute. This entry examines how those kinds of immunity are applied in educational settings and how immunity may be lost or waived.

Types of Immunity

Sovereign, or governmental, immunity is rooted in the concept in English common law that the king can do no wrong. This notion can be interpreted variously that the sovereign cannot be liable in his own court; that because the king embodies the law, he cannot be brought to court without his consent; or, that because the king, as the patriarchal monarch charged with looking out for the best interests of his subjects, would not harm his subjects, it would be ...

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