Today we release the second installment of our Sovereign
Immunity Series. In this installment, continuing with our
alphabetical order format, we provide a high-level overview of the
sovereign immunity laws of Colorado, Connecticut, Delaware, Florida
and Georgia.
As we have mentioned previously, this is a complicated legal
issue. Here is a link to the first installment of
this series, which gives a good background on sovereign immunity
and provides links to previous Fund Finance Friday
articles on the subject. As a reminder, sovereign immunity refers
to the doctrine that renders a sovereign or state immune from civil
suits or criminal prosecution. In short, the government cannot be
sued without its consent. Although sovereign immunity was adopted
in the United States Constitution pursuant to the Eleventh
Amendment, the extent to which it has been codified into law
– and the exceptions to those laws – varies from state
to state, which is why our coverage of the issue