Legal immunity from suit or liability (in civil litigation) or immunity from prosecution (in criminal prosecutions) is a legal status that protects an individual or entity from liability or criminal prosecution. Immunity may be given to the person or entity by law (usually a state or federal statute) or by the agreement of a party to the litigation (usually in the context of a criminal prosecution)—generally for some greater policy goal. Some common types of immunity include (1) judicial immunity; (2) witness immunity; (3) diplomatic immunity; and (4) governmental or sovereign immunity.
In Louisiana (LA), as in other states, various forms of legal immunity protect certain individuals and entities from civil lawsuits and criminal prosecution. Judicial immunity in Louisiana shields judges from liability for acts performed in their official capacity, ensuring that judges can perform their duties without fear of personal consequences. Witness immunity may be granted to witnesses in criminal cases to encourage them to testify truthfully without self-incrimination, often in exchange for their cooperation with the prosecution. Diplomatic immunity, governed by federal law and international treaties, protects foreign diplomats from legal action in the U.S., including in Louisiana. Lastly, governmental or sovereign immunity generally protects state and local government entities in Louisiana from being sued without their consent, although this immunity can be waived in certain situations, such as under the Louisiana Tort Claims Act, which allows for some lawsuits against the government for negligence. It's important to note that the application of these immunities can be complex and may vary depending on the specific circumstances of each case.