Remedial Defenses for Governmental Defendants

Remedial Defenses for Governmental Defendants

This lesson will cover various defenses for governmental defendants, including sovereign immunity, absolute immunity, qualified immunity, and equitable limitations on federal injunctive relief against state and local governmental defendants.


This lesson will discuss remedial defenses available to governmental defendants that aren’t available to private defendants.

I.               Sovereign Immunity against Damages

Generally speaking, unlike government officials sued in their individual capacities, the state and federal governments are sovereigns and, thus, are immune from lawsuits against them or their employees sued in their official capacities without consent....