Va. Code § 8.01-626: Appealing Adverse Immunity Rulings On An Expedited Basis

Virginia Code § 8.01-626 provides a mechanism for bypassing the typically lengthy appeals process for certain types of cases and decisions. Titled "Review of injunction; petitions for review," this section of the Virginia Code not only applies to injunctions but also applies to orders "granting or denying a plea of sovereign, absolute, or qualified immunity that, if granted, would immunize the movant" from continued participation in the lawsuit. Va. Code § 8.01-670.2.

Sovereign immunity and common law immunity are two legal concepts concerning whether or not government officials and/or entities are subject to being sued in a court of law. When sovereign immunity (for the "sovereign," such as a school board or elected officials acting in the scope of their official office) or common law immunity (for individuals employed by the sovereign for whom immunity naturally extends for acts in furtherance of their official positions, such as superintendents of school boards)