Sovereign Immunity:
Sovereign immunity in the United States traces its origins back to English common law principles, where the concept protected the crown from being sued without its consent. In the U.S., this doctrine has evolved to shield the federal and state governments from lawsuits unless they’ve explicitly waived this protection. At the federal level, the doctrine of sovereign immunity is rooted in the 11th Amendment, which bars individuals from suing a state in federal court without its consent. This amendment was a response to the Supreme Court’s decision in Chisholm v. Georgia in 1793, which allowed citizens of one state to sue another state in federal court. The 11th Amendment effectively limited the scope of federal jurisdiction in cases against states, establishing the principle that states are immune from certain types of lawsuits in federal courts without their consent.
States have also extended sovereign immunity within their boundaries through legislation or judicial interpretation. Many states have enacted laws that mirror the federal government’s approach, providing immunity from lawsuits except in cases where the state has consented to be sued or waived its immunity under specific circumstances. However, states may vary in the extent and specifics of their sovereign immunity provisions, creating a patchwork of legal frameworks governing when and how individuals can sue state governments. While sovereign immunity safeguards government entities from various legal challenges, exceptions and limitations have been carved out over time, allowing lawsuits under specific conditions, especially concerning certain types of actions or when states have expressly waived their immunity.
Although some procedural requirements exist, the State of Washington has explicitly waived sovereign immunity – which has been recognized as one of the broadest waivers of immunity in the U.S. – with no caps / limits on liability amounts:
U.S. Congress' Authority to Override State Sovereign Immunity -
via Section 5 of the 14th Amendment:
While the 11th Amendment typically limits lawsuits against states in federal courts, Congress wields the power to supersede this protection through legislation enacted under Section 5 of the 14th Amendment. This pathway emerges from constitutional interpretation and federal law, stemming from the 14th Amendment’s Due Process Clause, which prohibits states from depriving individuals of life, liberty, or property without due process of law.
By enacting laws addressing constitutional rights violations, Congress can lift state sovereign immunity, allowing individuals to pursue legal recourse in federal courts for damages resulting from these breaches. This framework harmonizes sovereign immunity with the federal government’s mandate to uphold individual rights guaranteed by the U.S. Constitution.
Governmental Tort Claims Act (GTCA) Actions -
Separate and Distinct from Federal Causes of Action::
While actions in federal court against states based on constitutional violations carve an exception to sovereign immunity, governmental tort claims at the state level present a distinct legal landscape. These state-level claims, heard in state courts, are rooted in state law – where the state has waived its sovereign immunity, permitting such actions to proceed within the state’s jurisdictional framework. Unlike federal causes of action stemming from constitutional breaches, these state-level claims operate under the state’s specific laws, reflecting a waiver of sovereign immunity to address grievances within the state’s legal domain.
The Texas Governmental Tort Claims Act (GTCA):
The Texas Governmental Tort Claims Act can be found at – CIVIL PRACTICE AND REMEDIES CODE. TITLE 5. GOVERNMENTAL LIABILITY – CHAPTER 101. TORT CLAIMS. Governmental immunity is waived under the following circumstances:
Sec. 101.021. GOVERNMENTAL LIABILITY.
A governmental unit in the state is liable for:
(1) property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if:
(A) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and
(B) the employee would be personally liable to the claimant according to Texas law; and
(2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.
(Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985).
Other waivers of immunity include Sec. 101.0215. LIABILITY OF A MUNICIPALITY; and Sec. 101.022. DUTY OWED: PREMISE AND SPECIAL DEFECTS. The general nominal limits of liability are as follows:
Sec. 101.023. LIMITATION ON AMOUNT OF LIABILITY.
(a) Liability of the state government under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
(b) Except as provided by Subsection (c), liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
(c) Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
(d) Except as provided by Section 78.001, liability of an emergency service organization under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
(Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.03, eff. Sept. 2, 1987; Acts 1995, 74th Leg., ch. 827, Sec. 2, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 968, Sec. 2, eff. Sept. 1, 1997).
Proper notice to the government entity must be provided “not later than six months after the day that the incident giving rise to the claim occurred” per the following statute:
(a) A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred. The notice must reasonably describe:
(1) the damage or injury claimed;
(2) the time and place of the incident; and
(3) the incident.
(b) A city’s charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved.
(c) The notice requirements provided or ratified and approved by Subsections (a) and (b) do not apply if the governmental unit has actual notice that death has occurred, that the claimant has received some injury, or that the claimant’s property has been damaged.
(Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985).
Although there is a six month notice provision as mandated in subsection (a), subsection (b) allows for a shorter notice requirement as provided by a “city’s charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved.”
Shorter notice requirements by municipalities for periods of 90 days or less have been deemed a violation of the Open Courts provision of the Texas Constitution, Arti. I, Sec. 13 See Fitts v. City of Beaumont (Tex.Civ.App. 1985) 688 S.W.2d 182. (60 day notice requirement by the City of Beaumont ruled unconstitutional); Schautteet v. San Antonio, 702 S.W.2d 680 (Tex. App. 1985) (“We hold that the ninety day notice of claim provision violates the “open courts” provision of the Texas Constitution and cannot stand.”). A notice requirement between 91-180 days has not yet been ruled on by a Texas appellate court. It should be noted that some municipalities still have notice requirements within their charters for 90 days or less, despite such provisions having been deemed unconstitutional (e.g.Article IX, Section 11, City Charter, City of Houston, Notice of Claim for Damages).
As long as the notice provision has been complied with, the statute of limitations that would apply to an action pursuant to CIVIL PRACTICE AND REMEDIES CODE – TITLE 2. TRIAL, JUDGMENT, AND APPEAL – SUBTITLE B. TRIAL MATTERS – CHAPTER 16. LIMITATIONS governs when a lawsuit must be filed by.
The Oklahoma Governmental Tort Claims Act (GTCA):
Within 51 O.S. Chapter 5 – The Governmental Tort Claims act – §§ 151-258, Oklahoma adopted the doctrine of sovereign immunity (51 O.S. § 152.1), with the following noted exceptions:
51 O.S. § 153:
A. The state or a political subdivision shall be liable for loss resulting from its torts or the torts of its employees acting within the scope of their employment subject to the limitations and exceptions specified in The Governmental Tort Claims Act and only where the state or political subdivision, if a private person or entity, would be liable for money damages under the laws of this state. The state or a political subdivision shall not be liable under the provisions of The Governmental Tort Claims Act for any act or omission of an employee acting outside the scope of the employee’s employment.
B. The liability of the state or political subdivision under The Governmental Tort Claims Act shall be exclusive and shall constitute the extent of tort liability of the state, a political subdivision or employee arising from common law, statute, the Oklahoma Constitution, or otherwise. If a court of competent jurisdiction finds tort liability on the part of the state or a political subdivision of the state based on a provision of the Oklahoma Constitution or state law other than The Governmental Tort Claims Act, the limits of liability provided for in The Governmental Tort Claims Act shall apply.
C. If an action is commenced alleging tort liability on the part of the state or a political subdivision of the state or an employee of the state or of a political subdivision of the state based on a provision of the Oklahoma Constitution or state law other than The Governmental Tort Claims Act, the action shall name as defendant the state or political subdivision against which liability is sought to be established. In no instance in any such action shall an employee of the state or of a political subdivision of the state acting within the scope of employment be named as defendant; provided, however, such person may be named as defendant under alternative allegations that such person did not act within the scope of employment.
The Oklahoma Legislature has also established specific limitations on the amount of compensation an individual can pursue within a claim.
A. The total liability of the state and its political subdivisions on claims within the scope of The Governmental Tort Claims Act, arising out of an accident or occurrence happening after October 1, 1985, Section 151 et seq. of this title, shall not exceed:
1. Twenty-five Thousand Dollars ($25,000.00) for any claim or to any claimant who has more than one claim for loss of property arising out of a single act, accident, or occurrence;
2. Except as otherwise provided in this paragraph, One Hundred Twenty-five Thousand Dollars ($125,000.00) to any claimant for a claim for any other loss arising out of a single act, accident, or occurrence. The limit of liability for the state or any city or county with a population of three hundred thousand (300,000) or more according to the latest federal Decennial Census, or a political subdivision as defined in subparagraph s of paragraph 11 of Section 152 of this title, shall not exceed One Hundred Seventy-five Thousand Dollars ($175,000.00). Except however, the limits of the liability for the University Hospitals and State Mental Health Hospitals operated by the Department of Mental Health and Substance Abuse Services for claims arising from medical negligence shall be Two Hundred Thousand Dollars ($200,000.00). For claims arising from medical negligence by any licensed physician, osteopathic physician or certified nurse-midwife rendering prenatal, delivery or infant care services from September 1, 1991, through June 30, 1996, pursuant to a contract authorized by subsection B of Section 1-106 of Title 63 of the Oklahoma Statutes and in conformity with the requirements of Section 1-233 of Title 63 of the Oklahoma Statutes, the limits of the liability shall be Two Hundred Thousand Dollars ($200,000.00); or
3. One Million Dollars ($1,000,000.00) for any number of claims arising out of a single occurrence or accident.
B.
1. Beginning on May 28, 2003, claims shall be allowed for wrongful criminal felony conviction resulting in imprisonment if the claimant has received a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which the claimant was sentenced or has been granted judicial relief absolving the claimant of guilt on the basis of actual innocence of the crime for which the claimant was sentenced. The Governor or the court shall specifically state, in the pardon or order, the evidence or basis on which the finding of actual innocence is based.
2. As used in paragraph 1 of this subsection, for a claimant to recover based on “actual innocence”, the individual must meet the following criteria:
a. the individual was charged, by indictment or information, with the commission of a public offense classified as a felony,
b. the individual did not plead guilty to the offense charged, or to any lesser included offense, but was convicted of the offense,
c. the individual was sentenced to incarceration for a term of imprisonment as a result of the conviction,
d. the individual was imprisoned solely on the basis of the conviction for the offense, and
e.
(1) in the case of a pardon, a determination was made by either the Pardon and Parole Board or the Governor that the offense for which the individual was convicted, sentenced and imprisoned, including any lesser offenses, was not committed by the individual, or
(2) in the case of judicial relief, a court of competent jurisdiction found by clear and convincing evidence that the offense for which the individual was convicted, sentenced and imprisoned, including any lesser included offenses, was not committed by the individual and issued an order vacating, dismissing or reversing the conviction and sentence and providing that no further proceedings can be or will be held against the individual on any facts and circumstances alleged in the proceedings which had resulted in the conviction.
3. A claimant shall not be entitled to compensation for any part of a sentence in prison during which the claimant was also serving a concurrent sentence for a crime not covered by this subsection.
4. The total liability of the state and its political subdivisions on any claim within the scope of The Governmental Tort Claims Act arising out of wrongful criminal felony conviction resulting in imprisonment shall not exceed One Hundred Seventy-five Thousand Dollars ($175,000.00).
5. The provisions of this subsection shall apply to convictions occurring on or before May 28, 2003, as well as convictions occurring after May 28, 2003. If a court of competent jurisdiction finds that retroactive application of this subsection is unconstitutional, the prospective application of this subsection shall remain valid.
C. No award for damages in an action or any claim against the state or a political subdivision shall include punitive or exemplary damages.
D. When the amount awarded to or settled upon multiple claimants exceeds the limitations of this section, any party may apply to the district court which has jurisdiction of the cause to apportion to each claimant the claimant’s proper share of the total amount as limited herein. The share apportioned to each claimant shall be in the proportion that the ratio of the award or settlement made to him bears to the aggregate awards and settlements for all claims against the state or its political subdivisions arising out of the occurrence. When the amount of the aggregate losses presented by a single claimant exceeds the limits of paragraph 1 or 2 of subsection A of this section, each person suffering a loss shall be entitled to that person’s proportionate share.
E. The total liability of resident physicians and interns while participating in a graduate medical education program of the University of Oklahoma College of Medicine, its affiliated institutions and the Oklahoma College of Osteopathic Medicine and Surgery shall not exceed One Hundred Thousand Dollars ($100,000.00).
F. The state or a political subdivision may petition the court that all parties and actions arising out of a single accident or occurrence shall be joined as provided by law, and upon order of the court the proceedings upon good cause shown shall be continued for a reasonable time or until such joinder has been completed. The state or political subdivision shall be allowed to interplead in any action which may impose on it any duty or liability pursuant to the Governmental Tort Claims Act.
G. The liability of the state or political subdivision under The Governmental Tort Claims Act shall be several from that of any other person or entity, and the state or political subdivision shall only be liable for that percentage of total damages that corresponds to its percentage of total negligence. Nothing in this section shall be construed as increasing the liability limits imposed on the state or political subdivision under The Governmental Tort Claims Act.
Before initiating a court action, it is mandatory to undergo the claims process outlined in 51 O.S. § 156. Furthermore, parties must commence their claims within one year from the date of loss (diverging from other statutes of limitations that may be longer under 12 O.S. §§ 91-113);
A. Any person having a claim against the state or a political subdivision within the scope of Section 151 et seq. of this title shall present a claim to the state or political subdivision for any appropriate relief including the award of money damages.
B. Except as provided in subsection H of this section, and not withstanding any other provision of law, claims against the state or a political subdivision are to be presented within one (1) year of the date the loss occurs. A claim against the state or a political subdivision shall be forever barred unless notice thereof is presented within one (1) year after the loss occurs.
C. A claim against the state shall be in writing and filed with the Office of the Risk Management Administrator of the Office of Management and Enterprise Services who shall immediately notify the Attorney General and the agency concerned and conduct a diligent investigation of the validity of the claim within the time specified for approval or denial of claims by Section 157 of this title. A claim may be filed by certified mail with return receipt requested. A claim which is mailed shall be considered filed upon receipt by the Office of the Risk Management Administrator.
D. A claim against a political subdivision shall be in writing and filed with the office of the clerk of the governing body.
E. The written notice of claim to the state or a political subdivision shall state the date, time, place and circumstances of the claim, the identity of the state agency or agencies involved, the amount of compensation or other relief demanded, the name, address and telephone number of the claimant, the name, address and telephone number of any agent authorized to settle the claim, and any and all other information required to meet the reporting requirements of the Medicare Secondary Payer Mandatory Reporting Provisions in Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA) through the Centers for Medicare & Medicaid Services (CMS). Failure to state either the date, time, place and circumstances and amount of compensation demanded, or any information requested to comply with the reporting claims to CMS under MMSEA shall not invalidate the notice unless the claimant declines or refuses to furnish such information after demand by the state or political subdivision. The time for giving written notice of claim pursuant to the provisions of this section does not include the time during which the person injured is unable due to incapacitation from the injury to give such notice, not exceeding ninety (90) days of incapacity.
F. If the written notice of claim demands relief for personal injuries, the claimant shall provide the name and address of all health care providers who treated the claimant since the date and time of the circumstances claimant set forth in the notice of claim required by subsection E of this section and the date of the notice required by subsection E of this section. For each health care provider required to be identified, the claimant shall provide a HIPPA compliant authorization for release of health information. Failure to provide the name and address of all health care providers and the HIPPA compliant authorization required by this subsection shall not invalidate the notice required by subsection E of this section unless the claimant declines or refuses to furnish such information after demanded by the state or political subdivision.
G. If the written notice of claim demands relief for loss of earnings, the claimant shall provide the documentation of the loss of earnings since the date and time of the circumstances claimant set forth in the notice of claim required by subsection E of this section and the date of the notice required by subsection E of this section. Failure to provide the documentation required by this subsection shall not invalidate the notice required by subsection E of this section unless claimant declines or refuses to furnish such information after demanded by the state or political subdivision.
H. If the written notice of claim demands relief for losses of real or personal property, the claimant shall provide the amount of the property loss claimed, the method used to calculate the amount of loss, documentation relied upon in determining the amount of loss, and proof of the claimant’s ownership of property. Failure to provide the documentation required by this subsection shall not invalidate the notice required by subsection E of this section unless claimant declines or refuses to furnish such information after demanded by the state or political subdivision.
I. When the claim is one for death by wrongful act or omission, notice may be presented by the personal representative within one (1) year after the death occurs. If the person for whose death the claim is made has presented notice that would have been sufficient had he lived, an action for wrongful death may be brought without any additional notice.
J. Claims and suits against resident physicians or interns shall be made in accordance with the provisions of Titles 12 and 76 of the Oklahoma Statutes.
K. For purposes of claims based on wrongful felony conviction resulting in imprisonment provided for in Section 154 of this title, loss occurs on the date that the claimant receives a pardon based on actual innocence from the Governor or the date that the claimant receives judicial relief absolving the claimant of guilt based on actual innocence; provided, for persons whose basis for a claim occurred prior to the effective date of this act, the claim must be submitted within one (1) year after the effective date of this act.
Before initiating a court action, it is mandatory to undergo the claims process outlined in 51 O.S. § 156. Furthermore, parties must commence their claims within one year from the date of loss (diverging from other statutes of limitations that may be longer under 12 O.S. §§ 91-113);
In Conclusion:
While this information serves as a valuable resource, it is essential to emphasize that it does not constitute legal advice. Decisions regarding potential legal causes of action can only be properly addressed via a personalized consultation with a licensed attorney. Seeking professional guidance ensures a comprehensive understanding of the legal landscape, safeguarding your interests effectively.
Despite our diligent efforts to ensure the precision of the summarized materials as of the specified date, it’s important to note that these statutes and cases remain susceptible to potential revision, amendment, and varying interpretations by courts. If you have been injured due to the actions of another person, please reach out to our office today at (832) 702-2424.