T or F? The DoD has sovereign immunity over their own facilities.

T or F? The DoD has sovereign immunity over their own facilities.

• A. True
• B. False
• C. Not applicable
• D. Depends on jurisdiction

Answer: (B)

Sovereign immunity isn’t an all-or-nothing shield. While the government isn’t generally subject to lawsuits without its consent, Congress has created statutory waivers that allow certain civil claims against the United States. For DoD facilities, this means that under the Federal Tort Claims Act, the United States can be sued for negligent acts of federal employees in the scope of their employment, including injuries on DoD property, with some important exceptions (such as combat activities or discretionary functions). So the blanket statement that the DoD has sovereign immunity over their own facilities isn’t accurate. There are circumstances where civil claims can proceed against the government, though there are also significant exceptions.

Sovereign immunity isn’t an all-or-nothing shield. While the government isn’t generally subject to lawsuits without its consent, Congress has created statutory waivers that allow certain civil claims against the United States. For DoD facilities, this means that under the Federal Tort Claims Act, the United States can be sued for negligent acts of federal employees in the scope of their employment, including injuries on DoD property, with some important exceptions (such as combat activities or discretionary functions).

So the blanket statement that the DoD has sovereign immunity over their own facilities isn’t accurate. There are circumstances where civil claims can proceed against the government, though there are also significant exceptions.