state waives its sovereign immunity in Vermont

15 Vermont opinions name it 2 courts 1993–2025 1 in the last five years

The cases below were cited by Vermont 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.

Followed or applied (7)

Case	Followed	Cited
Denis Bail Bonds, Inc. v. Stategreen vt · 1993 · cited in 8 Vermont opinions naming this issue, 2000–2019 2 sentences 2019See Denis Bail Bonds , 159 Vt. at 484 -85 , 622 A.2d at 497 (" Absent due process violations , lawsuits against the state for acts essentially governmental in nature are barred unless the state waives its sovereign immunity and consents to be sued." (emphasis added) ); Williams v. State , 156 Vt. 42 , 55-56, 589 A.2d 840 , 848-49 (1990) (acknowledging that "due process may require that states entertain suits against them though they have not consented," but cautioning that common law sovereign immunity "is not vitiated entirely" as long as state "comports with due process principles"). ¶ 24. 2019See Denis Bail Bonds , 159 Vt. at 484 -85 , 622 A.2d at 497 (" Absent due process violations , lawsuits against the state for acts essentially governmental in nature are barred unless the state waives its sovereign immunity and consents to be sued." (emphasis added) ); Williams v. State , 156 Vt. 42 , 55-56, 589 A.2d 840 , 848-49 (1990) (acknowledging that "due process may require that states entertain suits against them though they have not consented," but cautioning that common law sovereign immunity "is not vitiated entirely" as long as state "comports with due process principles"). ¶ 24.	5	8
Lane v. Stategreen vt · 2002 · cited in 3 Vermont opinions naming this issue, 2005–2019 2 sentences 2019It has long been established that “[l]awsuits against the State are barred unless the State waives its sovereign immunity.” Lane v. State, 174 Vt. 219, 222 , 811 A.2d 190, 193 (2002). 2019It has long been established that “[l]awsuits against the State are barred unless the State waives its sovereign immunity.” Lane v. State, 174 Vt. 219, 222 , 811 A.2d 190, 193 (2002).	3	3
Williams v. Stategreen vt · 1990 · cited in 3 Vermont opinions naming this issue, 1993–2019 2 sentences 2019See Denis Bail Bonds , 159 Vt. at 484 -85 , 622 A.2d at 497 (" Absent due process violations , lawsuits against the state for acts essentially governmental in nature are barred unless the state waives its sovereign immunity and consents to be sued." (emphasis added) ); Williams v. State , 156 Vt. 42 , 55-56, 589 A.2d 840 , 848-49 (1990) (acknowledging that "due process may require that states entertain suits against them though they have not consented," but cautioning that common law sovereign immunity "is not vitiated entirely" as long as state "comports with due process principles"). ¶ 24. 2019See Denis Bail Bonds , 159 Vt. at 484 -85 , 622 A.2d at 497 (" Absent due process violations , lawsuits against the state for acts essentially governmental in nature are barred unless the state waives its sovereign immunity and consents to be sued." (emphasis added) ); Williams v. State , 156 Vt. 42 , 55-56, 589 A.2d 840 , 848-49 (1990) (acknowledging that "due process may require that states entertain suits against them though they have not consented," but cautioning that common law sovereign immunity "is not vitiated entirely" as long as state "comports with due process principles"). ¶ 24.	2	3
American Trucking Associations, Inc. v. Conwaygreen vt · 1989 · cited in 2 Vermont opinions naming this issue, 2002–2018 2 sentences 2018Denis Bail Bonds, Inc. v. State, 159 Vt. 481 , 484–85 (1993); see also American Trucking Ass'ns, Inc. v. Conway, 152 Vt. 363, 376 (1989) (holding that the doctrine of sovereign immunity precludes the maintenance of actions for the recovery of money against the State unless the State has consented to be sued). 2002Denis Bail Bonds, Inc. v. State, 159 Vt. 481, 484-85 , 622 A.2d 495, 497 (1993); see also American Trucking Ass’ns, Inc. v. Conway, 152 Vt. 363, 376 , 566 A.2d 1323, 1331 (1989) (holding that the doctrine of sovereign immunity precludes the maintenance of *223 actions for the recovery of money against the State unless the State has consented to be sued).	2	2
Estate of Gage v. Stategreen vt · 2005 · cited in 3 Vermont opinions naming this issue, 2005–2025 2 sentences 2025Earle v. State, 2006 VT 92, ¶ 9 , 180 Vt. 284 (citing Estate of Gage v. State, 2005 VT 78, ¶ 4 , 178 Vt. 212 ); see State v. Stocker, 2021 VT 71, ¶ 22 , 215 Vt. 432 (“The State can only be held liable for damages when it has expressly waived sovereign immunity.” (citing Sutton v. Vt. 2005Lawsuits against the State are barred unless the State waives its sovereign immunity.” Estate of Gage v. State, 2005 VT 78, ¶ 4 (citing Denis Bail Bonds, Inc. v. 6 State, 159 Vt. 481 , 484–85 (1993)).	1	3
Tina Stocker v. State of Vermontgreen vt · 2021 · cited in 1 Vermont opinions naming this issue, 2025–2025 1 sentence 2025Earle v. State, 2006 VT 92, ¶ 9 , 180 Vt. 284 (citing Estate of Gage v. State, 2005 VT 78, ¶ 4 , 178 Vt. 212 ); see State v. Stocker, 2021 VT 71, ¶ 22 , 215 Vt. 432 (“The State can only be held liable for damages when it has expressly waived sovereign immunity.” (citing Sutton v. Vt.	1	1
Searles v. Agency of Transportationgreen vt · 2000 · cited in 1 Vermont opinions naming this issue, 2019–2019 2 sentences 2019Under the VTCA, the State has waived immunity to the extent that a private analog exists and consented to suit when an injury is “caused by the negligent or wrongful act or omission of an employee of the State while acting within the scope of employment.” 12 V.S.A. § 5601(a); see Searles v. Agency of Transp., 171 Vt. 562, 563 , 762 A.2d 812, 813-14 (2000) (mem.) (outlining discretionary function exception). 2019Under the VTCA, the State has waived immunity to the extent that a private analog exists and consented to suit when an injury is “caused by the negligent or wrongful act or omission of an employee of the State while acting within the scope of employment.” 12 V.S.A. § 5601(a); see Searles v. Agency of Transp., 171 Vt. 562, 563 , 762 A.2d 812, 813-14 (2000) (mem.) (outlining discretionary function exception).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway.

Also cited on this issue (4)

Case	Cited	Years
Earle v. State green vt · 2006 2 sentences 2025Earle v. State, 2006 VT 92, ¶ 9 , 180 Vt. 284 (citing Estate of Gage v. State, 2005 VT 78, ¶ 4 , 178 Vt. 212 ); see State v. Stocker, 2021 VT 71, ¶ 22 , 215 Vt. 432 (“The State can only be held liable for damages when it has expressly waived sovereign immunity.” (citing Sutton v. Vt. 2025Earle v. State, 2006 VT 92, ¶ 9 , 180 Vt. 284 (citing Estate of Gage v. State, 2005 VT 78, ¶ 4 , 178 Vt. 212 ); see State v. Stocker, 2021 VT 71, ¶ 22 , 215 Vt. 432 (“The State can only be held liable for damages when it has expressly waived sovereign immunity.” (citing Sutton v. Vt.	1	2025–2025
Nelson v. Town of St. Johnsbury, LaMotte, Oddy, Ruggles, Rust, Timson and Town of St. Johnsbury green vt · 2015 2 sentences 2017However, “[w]here a substantive right—e.g., a property interest—already exists, conferred by statute or common law, Article 4 can protect a plaintiff against deprivation of that right without due process.”4 Nelson v. Town of Johnsbury Selectboard, 2015 VT 5, ¶ 44 , 198 Vt. 277, 297 . dismissals without adequate notice to the parties tend to short-circuit the process, and ultimately to prolong the proceedings and squander judicial resources”). 4 The Court has stated that “[a]bsent due process violations, lawsuits against the state for acts essentially governmental in nature are barred unless th 2017However, “[w]here a substantive right—e.g., a property interest—already exists, conferred by statute or common law, Article 4 can protect a plaintiff against deprivation of that right without due process.”4 Nelson v. Town of Johnsbury Selectboard, 2015 VT 5, ¶ 44 , 198 Vt. 277, 297 . dismissals without adequate notice to the parties tend to short-circuit the process, and ultimately to prolong the proceedings and squander judicial resources”). 4 The Court has stated that “[a]bsent due process violations, lawsuits against the state for acts essentially governmental in nature are barred unless th	1	2017–2017
Kane v. Lamothe green vt · 2007 1 sentence 2010Kane v. Lamothe, 2007 VT 91, ¶ 6 , 182 Vt. 241 .	1	2010–2010
Kane v. Lamothe green vt · 2007 1 sentence 2010Kane v. Lamothe, 2007 VT 91, ¶ 6 , 182 Vt. 241 .	1	2010–2010

Statutes the citing opinions construe

VT § Vt. Stat. Ann. tit. 12, § 5601 (15) VT § Vt. Stat. Ann. tit. 12, § 5602 (4) USC § 42u.s.c.1983 (3) VT § Vt. Stat. Ann. tit. 23, § 1025 (3) VT § Vt. Stat. Ann. tit. 29, § 1403 (3)

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.

Where else courts name it

VT 15 (1993–2025) GA 10 (1996–2020) NC 4 (2014–2023) TX 4 (1990–2025) CT 3 (1987–1999) MS 2 (2002–2004) MD 2 (2011–2015) NY 2 (2021–2021)

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.

← Caselaw search · G Cite Topics · Brief Check