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This paper explains governmental immunity, particularly for local governments (counties and cities) and school boards. It discusses the difference between governmental and proprietary functions and how qualified immunity is handled differently for public officials and public employees. The paper reviews waiver of immunity through the purchase of insurance. It also covers legislative and judicial immunity as they apply to local officials.
Keywords: Sovereign immunity, governmental immunity, governmental functions, proprietary functions, waiver of immunity, legislative immunity, judicial immunity, local governments, State Tort Claims Act, Negligence, risk pool, public duty doctrine, official capacity, individual capacity, public official, public employee, § 1983