Government Traditionally the government is immune under the doctrine of sovereign immunity. The Federal Government and most state governments have waived the immunity for most torts. It still retains immunity for Discretionary as opposed to ministerial actions Assault, batter, false imprisonment, false arrest, malicious prosecution. Municipalities where they are performing governmental functions as opposed to those functions that could be done by a private party. If private, there is no immunity.
Public officials are immune in there discretionary acts.
Morris Bisted, Jr.