Sovereign Immunity In Kentucky: A Two-Pronged Analysis

Lexington, Ky. (April 12, 2023) – The principle of sovereign immunity has existed since the inception of common law societies to protect the state from tort liability. In the United States, the government is immune from lawsuits in tort unless it consents. The United States Supreme Court has made clear that sovereign immunity likewise applies to state and local governments.

Kentucky broadly maintains sovereign immunity that limits tort liability for governmental agencies within the state. A Kentucky court's analysis focuses on what qualifies as a governmental agency. While seemingly straightforward, its application is often more nuanced. Clearly, Kentucky's General Assembly or the Governor's Office qualify as a governmental agency. However, where does a local school board fit in this analysis? What about a locally incorporated municipality?