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Modernizing Language In The California Government Claims Act To Enable Consistent Enforcement Of Statutory Sovereign Immunity, Thomas Langtry

Golden Gate University Law Review

Ideally, sovereign immunity provisions should (1) protect public officials from undue interference with discharge of their duties and (2) hold accountable public officials who act unlawfully. Analytical frameworks and statutes at both the federal and state levels often fail to fulfill these objectives. Federal courts are guided by statutes and objectives that are indirectly relevant to state courts. As a result, states are left to address independently how to address clams of sovereign immunity when plaintiffs file suits alleging torts by public entities and employees. In California, when plaintiffs sue public employees or entities in civil court, the California Government …