Already lawyers have raised the modern version of that "sovereign immunity" defense in the Ohio case.

But the sovereign immunity defense, while strong, is not ironclad, and the case has been appealed.

And they asserted what's called the qualified immunity defense.

"The immunity defense is critical to the effective operation of state government," the brief said, describing the defense as "a protection against attacks on reasonable official acts and decisions."

The trial court denied the qualified immunity defense; the Idaho Supreme Court, regarding that determination as only preliminary, refused to hear an appeal.

"If the officer's mistake as to what the law requires is reasonable," Justice Kennedy ruled, "the officer is entitled to the immunity defense."

His clients are also suing the Government under the Federal Tort Claims Act, which does not contain an immunity defense.

P. 7(a) to Defendants' answer raising the qualified immunity defense and instructed the district court to order Plaintiff to file such a reply.

One way would be by an exercise of popular sovereignty: passing an initiative in each state renouncing the use of the immunity defense.

Government-employed prison guards may have enjoyed a kind of immunity defense arising out of their status as public employees at common law.