sovereign immunity is alive and well doctrine (Virginia) · Go Syfert
← Virginia issues

sovereign immunity is alive and well doctrine in Virginia

9 Virginia opinions name it 5 courts 1991–2025 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.

Followed or applied (5)

CaseFollowedCited
Niese v. City of Alexandriagreen
va · 2002 · cited in 5 Virginia opinions naming this issue, 2004–2025
2 sentences

2025The Supreme Court has repeatedly held that “the doctrine of sovereign immunity is alive and well in Virginia.” Phelan v. Commonwealth, 291 Va. 192, 195 (2016) (quoting Niese v. City of Alexandria, 264 Va. 230, 238 (2002)).

2024The Supreme Court has repeatedly held that “the doctrine of sovereign immunity is alive and well in Virginia.” Phelan v. Commonwealth, 291 Va. 192, 195 (2016) (quoting Niese v. City of Alexandria, 264 Va. 230, 238 (2002)).

45
Melanson v. Commonwealthgreen
va · 2001 · cited in 4 Virginia opinions naming this issue, 2016–2025
2 sentences

2025Unless there is an express statutory or constitutional provision waiving sovereign immunity, “the Commonwealth and its agencies are immune from liability for the tortious acts or omissions of their agents and employees.” Id. (quoting Melanson v. Commonwealth, 261 Va. 178, 181 (2001)).

2024Unless there is an express statutory or constitutional provision waiving sovereign immunity, “the Commonwealth and its agencies are immune from liability for the tortious acts or omissions of their agents and employees.” Id. (quoting Melanson v. Commonwealth, 261 Va. 178, 181 (2001)).

34
Phelan v. Commonwealthgreen
va · 2016 · cited in 3 Virginia opinions naming this issue, 2024–2025
2 sentences

2025The Supreme Court has repeatedly held that “the doctrine of sovereign immunity is alive and well in Virginia.” Phelan v. Commonwealth, 291 Va. 192, 195 (2016) (quoting Niese v. City of Alexandria, 264 Va. 230, 238 (2002)).

2024The Supreme Court has repeatedly held that “the doctrine of sovereign immunity is alive and well in Virginia.” Phelan v. Commonwealth, 291 Va. 192, 195 (2016) (quoting Niese v. City of Alexandria, 264 Va. 230, 238 (2002)).

33
City of Chesapeake v. Cunninghamgreen
va · 2004 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024The doctrine represents “a rule of social policy, which protects the state from burdensome interference with the performance of its governmental functions and preserves its control over state funds, property, and instrumentalities.” City of Chesapeake v. Cunningham, 268 Va. 624, 633 (2004) (quoting City of Virginia Beach v. Carmichael Dev.

11
Patten v. Commonwealthgreen
va · 2001 · cited in 1 Virginia opinions naming this issue, 2004–2004
2 sentences

2004“In the absence of express statutory or constitutional provisions waiving the Commonwealth’s immunity, the Commonwealth and its agencies are immune from liability for the tortious acts or omissions of their agents or employees.” Patten v. Commonwealth, 262 Va. 654, 658 , 553 S.E.2d 517, 519 (2001).

2004“In the absence of express statutory or constitutional provisions waiving the Commonwealth’s immunity, the Commonwealth and its agencies are immune from liability for the tortious acts or omissions of their agents or employees.” Patten v. Commonwealth, 262 Va. 654, 658 , 553 S.E.2d 517, 519 (2001).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Messina v. Burden green
va · 1984
2 sentences

2007Sovereign Immunity It is clear that “[t]he doctrine of sovereign immunity is alive and well in Virginia.” Messina v. Burden, 228 Va. 301, 307 , 321 S.E.2d 657 (1984).

2007Sovereign Immunity It is clear that “[t]he doctrine of sovereign immunity is alive and well in Virginia.” Messina v. Burden, 228 Va. 301, 307 , 321 S.E.2d 657 (1984).

21998–2007
Lawhorne v. Harlan green
va · 1973
1 sentence

1991In addition to James v. Jane and Gargiulo v. Ohar , a third case particularly instructive here is Lawhorne v. Harlan, 214 Va. 405 (1973), overruled on other grounds, First Virginia Bank - Colonial v. Baker, 225 Va. 272 (1983).

11991–1991

Statutes the citing opinions construe

VA § Va. Code Ann. § 8.01-195.3 (5) VA § Va. Code Ann. § 8.01-195.6 (5) USC § 28u.s.c.1915 (3) USC § 42u.s.c.1997 (3) VA § Va. Code Ann. § 53.1-1 (3) VA § Va. Code Ann. § 53.1-202.3 (3) VA § Va. Code Ann. § 8.01-195.1 (3) VA § Va. Code Ann. § 8.01-195.4 (3) VA § Va. Code Ann. § 8.01-195.5 (3) VA § Va. Code Ann. § 8.01-195.7 (3) VA § Va. Code Ann. § 8.01-2 (3) VA § Va. Code Ann. § 8.01-243.2 (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.

← Caselaw search · G Cite Topics · Brief Check