In lawsuits against units of local government, the general rule is that the trial court must throw out the plaintiff’s claims if the unit raises the defense of governmental immunity and the complaint fails to allege a waiver of that immunity. This blog post looks at how detailed a waiver allegation must be for a complaint to survive an assertion of governmental immunity.
The Concept of Waiver
As I’ve explained in prior blog posts (here, here, and here), the defense of governmental immunity protects cities, counties, and other units of local government from civil liability for negligence and other claims – though not constitutional claims – that arise from the performance of governmental functions. The courts have recognized that a unit may waive this immunity through any of the three actions described in the next section. Essentially, by acting in any of those ways, a unit consents to be sued for any civil claims that fall within the scope of the waiver. Continue Reading