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 West Virginia, legal immunity encompasses various forms where individuals or entities are protected from civil liability or criminal prosecution. Judicial immunity in WV shields judges from liability for acts performed in their judicial capacity, unless they acted in the clear absence of all jurisdiction. Witness immunity is provided to witnesses for testimony given in court, protecting them from being sued based on that testimony. Diplomatic immunity, governed by federal law and international treaties, exempts foreign diplomats from certain laws and jurisdiction of the U.S., including WV. Governmental or sovereign immunity in WV generally protects state government and its subdivisions from being sued without their consent, although the state has waived its immunity in certain instances through the West Virginia Governmental Tort Claims and Insurance Reform Act. This act allows for limited waivers of immunity in cases of negligence by state employees. It's important to note that the specifics of these immunities can be complex and may have exceptions or conditions under both state statutes and federal law.