15 Virginia opinions name it 6 courts 1985–2026 3 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 |
|---|---|---|
Messina v. Burdengreen2 sentences2004A. The Law of Sovereign Immunity in Virginia “[T]he doctrine of sovereign immunity is ‘alive and well’ in Virginia.” Niese v. City of Alexandria, 264 Va. 230, 238 , 564 S.E.2d 127, 132 (2002) (quoting Messina v. Burden, 228 Va. 301, 307 , 321 S.E.2d 657, 660 (1984)). 2004A. The Law of Sovereign Immunity in Virginia “[T]he doctrine of sovereign immunity is ‘alive and well’ in Virginia.” Niese v. City of Alexandria, 264 Va. 230, 238 , 564 S.E.2d 127, 132 (2002) (quoting Messina v. Burden, 228 Va. 301, 307 , 321 S.E.2d 657, 660 (1984)). | 1 | 2 |
Niese v. City of Alexandriagreen2 sentences2004A. The Law of Sovereign Immunity in Virginia “[T]he doctrine of sovereign immunity is ‘alive and well’ in Virginia.” Niese v. City of Alexandria, 264 Va. 230, 238 , 564 S.E.2d 127, 132 (2002) (quoting Messina v. Burden, 228 Va. 301, 307 , 321 S.E.2d 657, 660 (1984)). 2004A. The Law of Sovereign Immunity in Virginia “[T]he doctrine of sovereign immunity is ‘alive and well’ in Virginia.” Niese v. City of Alexandria, 264 Va. 230, 238 , 564 S.E.2d 127, 132 (2002) (quoting Messina v. Burden, 228 Va. 301, 307 , 321 S.E.2d 657, 660 (1984)). | 1 | 2 |
Colby v. Boydengreen2 sentences1993As we said in Colby, “[o]ur resolution [of the issue of sovereign immunity] . . . goes beyond determining whether the act constitutes the formulation or execution of policy.” 241 Va. at 129 , 400 S.E.2d at 186. 1993As we said in Colby, "[o]ur resolution [of the issue of sovereign immunity] ... goes beyond determining whether the act constitutes the formulation or execution of policy." 241 Va. at 129 , 400 S.E.2d at 186. | 1 | 2 |
James v. Janegreen2 sentences1996The only difference between Dr. Bourgeois and Dr. Hakala, an attending physician in James v. Jane , is that Dr. Hakala was consulted as to the need for surgery and was present in the room while the surgery was performed by another. 221 Va. at 49 , 282 S.E.2d at 869-71 . 1996The only difference between Dr. Bourgeois and Dr. Hakala, an attending physician in James v. Jane , is that Dr. Hakala was consulted as to the need for surgery and was present in the room while the surgery was performed by another. 221 Va. at 49 , 282 S.E.2d at 869-71 . | 1 | 2 |
Virginia Electric & Power Co. v. Hampton Redevelopment & Housing Authoritygreen1 sentence2025Auth., 217 Va. 30, 32 (1976), that applies, operating as “absolute” immunity from tort liability,26 Jean Moreau & Assocs. v. Health Ctr. | 1 | 1 |
Commonwealth v. Swann (ORDER)green1 sentence2023The doctrine of judicial restraint requires us to “decide cases ‘on the best and narrowest grounds available.’” Commonwealth v. White, 293 Va. 411, 419 (2017) (quoting Commonwealth v. Swann, 290 Va. 194, 196 (2015)); see also Spruill v. Garcia, 298 Va. 120 , 127 (2019). -5- | 1 | 1 |
Commonwealth v. Whitegreen1 sentence2023The doctrine of judicial restraint requires us to “decide cases ‘on the best and narrowest grounds available.’” Commonwealth v. White, 293 Va. 411, 419 (2017) (quoting Commonwealth v. Swann, 290 Va. 194, 196 (2015)); see also Spruill v. Garcia, 298 Va. 120 , 127 (2019). -5- | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Colby v. Boyden
green
2 sentences1993As we said in Colby, “[o]ur resolution [of the issue of sovereign immunity] . . . goes beyond determining whether the act constitutes the formulation or execution of policy.” 241 Va. at 129 , 400 S.E.2d at 186. 1993As we said in Colby, "[o]ur resolution [of the issue of sovereign immunity] ... goes beyond determining whether the act constitutes the formulation or execution of policy." 241 Va. at 129 , 400 S.E.2d at 186. | 2 | 1993–1999 |
Stockbridge v. Gemini Air Cargo, Inc.
green
1 sentence2026As such, it did not effectively “challeng[e] the plaintiff to go to trial and prove his case.” See id. at 618 . | 1 | 2026–2026 |
Lynchburg Div. of Social Services v. Cook
green
1 sentence2011Id. | 1 | 2011–2011 |
Bradford v. Nature Conservancy
green
2 sentences2007In Bradford v. Nature Conservancy, 224 Va. 181 , 294 S.E.2d 866 (1982), members of a sportsmen’s club sued a private landowner for a declaration as to their right to use certain roads and land for hunting and fishing. 2007In Bradford v. Nature Conservancy, 224 Va. 181 , 294 S.E.2d 866 (1982), members of a sportsmen’s club sued a private landowner for a declaration as to their right to use certain roads and land for hunting and fishing. | 1 | 2007–2007 |
Mattaponi Indian Tribe v. Commonwealth
green
2 sentences2005We remanded the cases for trial in the circuit court.3 Id. at 378 , 541 S.E.2d at 926 . 2 The Court of Appeals did not address the circuit court’s holding regarding the Tribe’s separate Treaty claims. 3 Although the Commonwealth raised the issue of sovereign immunity before us, we did not directly address that issue or 7 On remand in the circuit court, the Alliance did not amend its petition. 2005We remanded the cases for trial in the circuit court.3 Id. at 378 , 541 S.E.2d at 926 . 2 The Court of Appeals did not address the circuit court’s holding regarding the Tribe’s separate Treaty claims. 3 Although the Commonwealth raised the issue of sovereign immunity before us, we did not directly address that issue or 7 On remand in the circuit court, the Alliance did not amend its petition. | 1 | 2005–2005 |
Freeman v. City of Norfolk
green
1 sentence2001In Freeman v. City of Norfolk, 221 Va. 57 (1980), the Court examined the issue of sovereign immunity in die context of an automobile accident similar to the one at issue in this case. | 1 | 2001–2001 |
Estes v. Norton Redevelopment & Housing Authority
neutral
1 sentence1996A preliminary ruling in this case is reported at 16 Va. Cir. 17 (1988). [Reporter’s Note] | 1 | 1996–1996 |
Williams v. Baynes
green
1 sentence1995To avoid the protection of sovereign immunity, the plaintiff points out that “no emergency existed here when fire fighters were clearing snow from a private parking lot and not public roads.” (Emphasis in original.) (Plaintiff’s Memorandum, p. 7.) Therefore, the plaintiff relies upon Burson v. City of Bristol, 176 Va. 53 , 10 S.E. 541 (1941), where the City employed volunteer firefighters to pull down walls of a burned building to make the adjoining streets safe, and the Supreme Court of Virginia held that members of a volunteer fire department were not acting in the discharge of their duties | 1 | 1995–1995 |
Burson v. City of Bristol
green
1 sentence1995To avoid the protection of sovereign immunity, the plaintiff points out that “no emergency existed here when fire fighters were clearing snow from a private parking lot and not public roads.” (Emphasis in original.) (Plaintiff’s Memorandum, p. 7.) Therefore, the plaintiff relies upon Burson v. City of Bristol, 176 Va. 53 , 10 S.E. 541 (1941), where the City employed volunteer firefighters to pull down walls of a burned building to make the adjoining streets safe, and the Supreme Court of Virginia held that members of a volunteer fire department were not acting in the discharge of their duties | 1 | 1995–1995 |
Sayers v. Bullar
green
1 sentence1985Further, in James, the Court in citing Sayers v. Bular, 180 Va. 222 (1942), stated the parameters which should govern the issue of sovereign immunity as it applies here by noting: The Court found that the acts of the defendants were the acts of the state and that there were no facts alleged that the employees had stepped beyond the course of their employment, had exceeded their authority or directions given them, were guilty of any wrongful conduct or acted wantonly or negligently, or were acting individually or on their own responsibility. | 1 | 1985–1985 |
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.