ABSTRACT
This chapter provides local officials with some of the basic deciding factors that will allow or deny use of the governmental immunity “shield” from federal and state liability in a given case. The idea of government immunity harkens back to the old common law rule that “the king can do no wrong.” The rules at both the federal and state levels have sought to “strike a proper balance between protecting decisions made by government agencies as well as elected and appointed government officials and providing redress for injuries caused by those decisions.” Absolute “legislative” immunity applies to local legislators acting within the legitimate “sphere” of legislative activity. The absolute immunity granted to judges applies when they have acted within the judicial scope of authority. Under state law, governmental immunity for public officials varies from state to state, based on the treatment provided in the state’s constitution and law.
