Tuesday, March 24, 2015

is a local government immune from civil law suits and does the employees have immunity from personal tort suit. Does their purchase of insur...

Question

is a local government immune from civil law suits and does the employees have immunity from personal tort suit. Does their purchase of insurance waive the immunity. The eleventh amendments does not give immunity to local governments because they are not a arm of the state, is this correct? does the violation of a constitutional right waive immunity or disallow immunity



Answer

There are a lot of questions here but local governments do have immunity to most suits in NC through NC law. They can waive it in limited circumstances when they get insurance.

Employees may or may not have immunity based on what harm is caused and how the harm was caused.



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