24 Virginia opinions name it 8 courts 1989–2025 4 in the last five years
The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
National Railroad Passenger Corp. v. Catlett Volunteer Fire Co.green2 sentences2025Passenger Corp. v. Catlett Volunteer Fire Co., 241 Va. 402 , 409 n.2 (1991) (“For an individual governmental official or employee, the defense of sovereign immunity is not absolute. 2014The railroad company asserted that the fireman was not entitled to the defense of sovereign immunity because his act of crossing the railroad tracks without first stopping "was a ministerial act, not a discretionary act to which sovereign immunity attaches." Id. at 413 , 404 S.E.2d at 222 . | 2 | 4 |
Colby v. Boydengreen2 sentences2000In Colby v. Boyden, 241 Va. 125, 128-29 , 400 S.E.2d 184, 186-87 (1991), we discussed the test that we apply when determining whether a governmental employee is entitled to the protection of sovereign immunity. 1995However, Heider v. Clemons, 241 Va. 143 , 400 S.E.2d 190 (1991), and Colby v. Boyden, 241 Va. 125 , 400 S.E.2d 184 (1991), would appear to make it unlikely the defense would be available. | 2 | 3 |
Wiecking v. Allied Medical Supply Corp.green2 sentences2024Such an absurd result cannot be squared with our longstanding view that the defense of sovereign immunity has “never extended . . . to actions based upon valid contracts entered into by duly authorized agents of the government.” Wiecking, 239 Va. at 551 . 1999See Wiecking v. Allied Medical Supply Corp., 239 Va. 548, 551-53 , 391 S.E.2d 258, 260-61 (1990). | 1 | 2 |
Hinchey v. Ogdengreen1 sentence2025As noted above, Code § 8.01-195.3 governs when the Commonwealth is “liable for claims for money” and outlines situations where “recovery” is nevertheless “excluded.” A defense of sovereign immunity is relevant in court: “[A]s a general rule, the sovereign is immune not only from actions at law for damages but also from suits in equity to restrain the government from acting or to compel it to act.” Hinchey v. Ogden, 226 Va. 234, 239 (1983). | 1 | 1 |
Afzall ex rel. Afzall v. Com.green1 sentence2023Afzall v. Commonwealth, 273 Va. 226 , 230 (2007) (“[T]he Commonwealth can raise the defense of sovereign immunity for the first time on appeal because if sovereign immunity applies, the court is without subject matter jurisdiction to adjudicate the claim.”). | 1 | 1 |
Gray v. VIRGINIA SECRETARY OF TRANS.green2 sentences2011He claims that GMU's promulgation of the regulation violates the uniform government provision contained in Article I, § 14 of the Constitution of Virginia and that Article I, § 14 is a self-executing provision of the Constitution of Virginia not subject to the defense of sovereign immunity. "[Sovereign immunity] is an established principle of sovereignty ... that a sovereign State cannot be sued in its own courts ... without its consent and permission." Gray v. Virginia Sec'y of Transp., 276 Va. 93, 101 , 662 S.E.2d 66, 70 (2008) (citation and quotation marks omitted). 2011He claims that GMU's promulgation of the regulation violates the uniform government provision contained in Article I, § 14 of the Constitution of Virginia and that Article I, § 14 is a self-executing provision of the Constitution of Virginia not subject to the defense of sovereign immunity. "[Sovereign immunity] is an established principle of sovereignty ... that a sovereign State cannot be sued in its own courts ... without its consent and permission." Gray v. Virginia Sec'y of Transp., 276 Va. 93, 101 , 662 S.E.2d 66, 70 (2008) (citation and quotation marks omitted). | 1 | 1 |
Mitchell v. Forsythgreen2 sentences2008In addition, the United States Supreme Court has held that the defense of sovereign immunity should be heard no later than the summary judgment phase, due to the fact that sovereign immunity “is an immunity from suit rather than a mere defense to liability----” See Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S. Ct. 2806 , 86 L. 2008In addition, the United States Supreme Court has held that the defense of sovereign immunity should be heard no later than the summary judgment phase, due to the fact that sovereign immunity “is an immunity from suit rather than a mere defense to liability----” See Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S. Ct. 2806 , 86 L. | 1 | 1 |
Commonwealth v. Chilton Malting Co.green2 sentences1996It has, however, stated in two negligence cases that a city performing a governmental function is “not responsible for the misconduct, negligence or omissions of the agents employed.” Long’s Adm 'rs, supra at 378-79, 384; Ashbury, supra, 152 Va. at 291 , 147 S.E. at 227 ; see also Commonwealth v. Chilton, 154 Va. 28 , 152 S.E. 336 (1930), a case against the Commonwealth for trover and conversion of barley malt by revenue agents in which the Court held the action was in tort not in contract and dismissed it on the ground of sovereign immunity. 1996It has, however, stated in two negligence cases that a city performing a governmental function is “not responsible for the misconduct, negligence or omissions of the agents employed.” Long’s Adm 'rs, supra at 378-79, 384; Ashbury, supra, 152 Va. at 291 , 147 S.E. at 227 ; see also Commonwealth v. Chilton, 154 Va. 28 , 152 S.E. 336 (1930), a case against the Commonwealth for trover and conversion of barley malt by revenue agents in which the Court held the action was in tort not in contract and dismissed it on the ground of sovereign immunity. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Messina v. Burden
green
2 sentences1991Use of Judgment and Discretion Amtrak argues that under the fourth factor of the test enunciated in Messina v. Burden, 228 Va. 301 , 321 S.E.2d 657 (1987), Miller is entitled to invoke the defense of sovereign immunity only if “the act complained of involved the use of judgment and discretion.” Id. at 313 , 321 S.E.2d at 663 . 1991Use of Judgment and Discretion Amtrak argues that under the fourth factor of the test enunciated in Messina v. Burden, 228 Va. 301 , 321 S.E.2d 657 (1987), Miller is entitled to invoke the defense of sovereign immunity only if “the act complained of involved the use of judgment and discretion.” Id. at 313 , 321 S.E.2d at 663 . | 3 | 1989–2000 |
Heider v. Clemons
green
2 sentences2010(Mem. of Law 1-5.) In that case, the Supreme Court of Virginia considered the issue of “whether a sheriff is entitled to the defense of sovereign immunity when he is sued for damages incurred as a result of his operation of an automobile while serving judicial process.” Heider, 241 Va. at 144 , 400 S.E.2d at 190 . 2010(Mem. of Law 1-5.) In that case, the Supreme Court of Virginia considered the issue of “whether a sheriff is entitled to the defense of sovereign immunity when he is sued for damages incurred as a result of his operation of an automobile while serving judicial process.” Heider, 241 Va. at 144 , 400 S.E.2d at 190 . | 2 | 1995–2010 |
Woods v. Town of Marion
green
2 sentences2004In support of her argument, Cunningham cites our decisions in Richmond v. Virginia Bonded Warehouse Corp., 148 Va. 60 , 138 S.E. 503 (1927), and Woods v. Town of Marion, 245 Va. 44 , 425 S.E.2d 487 (1993).7 The City contends there is no unique rule for sovereign immunity claims related to a municipal waterworks, but that the principles of law are those applicable to other municipal acts. 2004In support of her argument, Cunningham cites our decisions in Richmond v. Virginia Bonded Warehouse Corp., 148 Va. 60 , 138 S.E. 503 (1927), and Woods v. Town of Marion, 245 Va. 44 , 425 S.E.2d 487 (1993).7 The City contends there is no unique rule for sovereign immunity claims related to a municipal waterworks, but that the principles of law are those applicable to other municipal acts. | 2 | 2004–2004 |
City of Richmond v. Virginia Bonded Warehouse Corp.
green
2 sentences2004In support of her argument, Cunningham cites our decisions in Richmond v. Virginia Bonded Warehouse Corp., 148 Va. 60 , 138 S.E. 503 (1927), and Woods v. Town of Marion, 245 Va. 44 , 425 S.E.2d 487 (1993).7 The City contends there is no unique rule for sovereign immunity claims related to a municipal waterworks, but that the principles of law are those applicable to other municipal acts. 2004In support of her argument, Cunningham cites our decisions in Richmond v. Virginia Bonded Warehouse Corp., 148 Va. 60 , 138 S.E. 503 (1927), and Woods v. Town of Marion, 245 Va. 44 , 425 S.E.2d 487 (1993).7 The City contends there is no unique rule for sovereign immunity claims related to a municipal waterworks, but that the principles of law are those applicable to other municipal acts. | 2 | 2004–2004 |
James v. Jane
green
2 sentences2000In response, the defendant nurses contend that they established their entitlement to the protection of sovereign immunity under the four-part test articulated in James v. Jane, 221 Va. 43 , 282 S.E.2d 864 (1980). 2000In response, the defendant nurses contend that they established their entitlement to the protection of sovereign immunity under the four-part test articulated in James v. Jane, 221 Va. 43 , 282 S.E.2d 864 (1980). | 2 | 1989–2000 |
Ashbury v. City of Norfolk
green
2 sentences2000It has, however, stated ... that a city performing a governmental function is ‘not responsible for the misconduct, negligence or omissions of the agents employed’.” Id., citing City of Richmond v. Long’s Adm 'rs, 58 Va. (17 Gratt.) 375 (1867); Ashbury v. City of Norfolk, 152 Va. 278 , 147 S.E. 223 (1929). 2000It has, however, stated ... that a city performing a governmental function is ‘not responsible for the misconduct, negligence or omissions of the agents employed’.” Id., citing City of Richmond v. Long’s Adm 'rs, 58 Va. (17 Gratt.) 375 (1867); Ashbury v. City of Norfolk, 152 Va. 278 , 147 S.E. 223 (1929). | 2 | 1996–2000 |
Colby v. Boyden
green
2 sentences2000In Colby v. Boyden, 241 Va. 125, 128-29 , 400 S.E.2d 184, 186-87 (1991), we discussed the test that we apply when determining whether a governmental employee is entitled to the protection of sovereign immunity. 1995However, Heider v. Clemons, 241 Va. 143 , 400 S.E.2d 190 (1991), and Colby v. Boyden, 241 Va. 125 , 400 S.E.2d 184 (1991), would appear to make it unlikely the defense would be available. | 2 | 1995–2000 |
Hewlett v. Commonwealth
neutral
1 sentence2002Hewlett v. Commonwealth, 37 Va. Cir. 402 (1995). | 1 | 2002–2002 |
Wagoner ex rel. Wagoner v. Benson
green
1 sentence2001We have held that this statute abrogates the immunity of a school board for acts of simple negligence “to a limited degree” and when the conditions of the statute are met, the defense of sovereign immunity will “not bar an action ... for recovery of damages in an *34 amount up to the limits of the insurance policy.” Wagoner v. Benson, 256 Va. 260, 262-64 , 505 S.E.2d 188 , 188-90 (1998). | 1 | 2001–2001 |
WAGONER BY WAGONER v. Benson
green
1 sentence2001We have held that this statute abrogates the immunity of a school board for acts of simple negligence “to a limited degree” and when the conditions of the statute are met, the defense of sovereign immunity will “not bar an action ... for recovery of damages in an *34 amount up to the limits of the insurance policy.” Wagoner v. Benson, 256 Va. 260, 262-64 , 505 S.E.2d 188 , 188-90 (1998). | 1 | 2001–2001 |
Hatch v. Musgrove
green
1 sentence2000It has, however, stated ... that a city performing a governmental function is ‘not responsible for the misconduct, negligence or omissions of the agents employed’.” Id., citing City of Richmond v. Long’s Adm 'rs, 58 Va. (17 Gratt.) 375 (1867); Ashbury v. City of Norfolk, 152 Va. 278 , 147 S.E. 223 (1929). | 1 | 2000–2000 |
Wynn v. Gandy
green
1 sentence1999The plaintiff’s reliance upon Winn v. Gandy, 170 Va. 590 (1938), is misplaced as the decision in Stanfield v. Peregoy, 245 Va. 339 (1993), makes it clear that a school bus driver engaging in the transportation of students to and from school at the time of the accident would be entitled to the defense of sovereign immunity. | 1 | 1999–1999 |
Brown v. Cuffee
neutral
1 sentence1999Further, the Court finds the reasoning laid out by my learned colleague, Judge Taylor in Brown v. Cuffee, 49 Va. Cir. 31 (1999), to be persuasive, and thus the defendants’ Special Pleas will be sustained. | 1 | 1999–1999 |
Stanfield v. Peregoy
green
1 sentence1999The plaintiff’s reliance upon Winn v. Gandy, 170 Va. 590 (1938), is misplaced as the decision in Stanfield v. Peregoy, 245 Va. 339 (1993), makes it clear that a school bus driver engaging in the transportation of students to and from school at the time of the accident would be entitled to the defense of sovereign immunity. | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.