Article · Administrative Law

Suing the Sovereign: How Government Immunity Actually Limits a Claim

28 U.S.C. § 1346

Type
Article
Jurisdiction
National
Date
2026-05-26
Topic
Administrative Law

Suing the government is not like suing anyone else, and the reason is a rule inherited from a monarchy: the sovereign cannot be sued without its consent. This article explains what that means in practice, where consent has been given, and where the exceptions swallow it. It walks through the federal tort claims framework, including the administrative claim that must be filed before any lawsuit and the deadlines that are jurisdictional in effect. It explains the discretionary function exception, which defeats more claims than any other provision, and the other exceptions that remove entire categories from the waiver. It covers claims against states and their immunity, the fiction that permits suits against officials for prospective relief, claims against municipalities and why they require a policy or custom, and claims against individual officers with their immunity defenses. Worked examples follow three claimants through the notice requirements. The article closes with the first-week checklist for any claim against any government.

Suing the Sovereign: How Government Immunity Actually Limits a Claim

Administrative Law > Government Claims and Sovereign Immunity | Published 26 May 2026 - Updated 13 July 2026 | UpLaw - uplaw.us

The Rule That Explains Everything Else

A postal truck runs a red light and injures a driver. A city bus does the same thing. A state trooper does the same thing. Three identical accidents, three completely different cases — different defendants, different deadlines, different notice requirements, different damages limits, and different odds.

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