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.
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