In addition, the judicial and legislative functions are specifically protected from lawsuits. The prohibition on punitive damages also provides a significant limitation on the size of awards. The sovereign immunity of state governments from suit is specifically guaranteed under the Eleventh Amendment to the Constitution. This Eleventh Amendment sovereign immunity was reaffirmed in two recent Supreme Court cases to the detriment of Indian tribes trying to establish their federally guaranteed rights. Along with the prohibition on punitive damages, a growing trend is for state governments to impose a ceiling on the amount of recoverable damages.
Some states set lower caps for property damage claims.
In general, most states have passed laws which retain the governmental function immunity of local and municipal governments. This is a growing trend evidenced by an increasing number of claims handled by tribal courts. For example, courts have applied the Ex Parte Young doctrine to tribal officials. This doctrine works an exception to the general rule of sovereign immunity when an official acts outside of the government's authority. Tribal sovereign immunity has also been limited by various courts where allegations of personal restraint and deprivation of personal rights were raised.