What types of immunity are available in Federal Court?
There are three (3) different types of immunity. Federally, pursuant to case law interpreting 42 U.S.C. § 1983, the general civil rights statute, there are two (2) judicially created concepts of “absolute” and “qualified” immunity. Both of these concepts mean what they say and are available to individual actors, as opposed to entities. Finally, there is something called “sovereign” immunity, which is enshrined in the 11th Amendment of the United States Constitution. This is available only to entities; although, sometimes an individual is considered an “entity.” “Absolute” immunity is absolute or complete and you cannot sue an actor protected by this form of immunity. Examples of governmental actors protected by this form of immunity include judges and prosecutors or actors that have a judicial role – legislators would be another example. This list is very limited. “Sovereign” immunity is also absolute. What it says, essentially, is that the sovereign states are not subject to lawsuits
