State agencies and instrumentalities have sovereign immunity.
However, all states also have a tort claims act, which limits their sovereign immunity.
States that waive sovereign immunity still retain it for judicial and legislative functions.
Even though cities are not sovereign, states usually provide them with sovereign immunity for their governmental functions.
- Cities do not have sovereign immunity for their proprietary functions.
- Some jurisdictions do not give sovereign immunity if the city has liability insurance, instead permitting recovery for the amount of the insurance.
- Some jurisdictions do not give cities any sovereign immunity.
Governments do not have tort liability for their police failing to protect members of the public unless they have formed a special relationship with a particular person.
A special relationship is formed when the government voluntarily assumes a duty, a person relies on the government's assurances, and the government is negligent in providing that service.