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IMMUNITY OF THE STATE AND LOCAL GOVERNMENTS …

1 IMMUNITY OF THE STATE AND LOCAL GOVERNMENTS FROM LAWSUITS IN NORTH CAROLINA Trey Allen UNC School of Government June 2013 This paper summarizes IMMUNITY doctrines that protect the STATE and LOCAL GOVERNMENTS from lawsuits, with a particular focus on IMMUNITY for LOCAL GOVERNMENTS . It also briefly describes some of the immunities that can shield public officials or personnel from legal claims made directly against them. Sovereign IMMUNITY v. governmental IMMUNITY Sovereign IMMUNITY is the STATE s IMMUNITY from most kinds of lawsuits unless the STATE consents to be sued. Governmental IMMUNITY is generally understood to be that portion of the STATE s sovereign IMMUNITY which extends to LOCAL GOVERNMENTS .

consents to be sued for damages for breach of its contractual obligations. State v. ... of the employee’s duties, the local government is liable for the plaintiff’s injuries if the activity in which its employee was engaged was a proprietary function. ...

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