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April 18, 2007

Sovereign Immunity Will Protect Virginia Tech From Lawsuits

When students die on college campuses — whether in suicides or sports accidents or other incidents — grieving parents sometimes respond by accusing the institutions of negligence and filing suit.

But if the families of Virginia Tech students killed in Monday’s shootings try to sue the university, they will run into roadblocks, according to William E. Thro, solicitor general of the Commonwealth of Virginia. Under a legal concept known as sovereign immunity, Virginia law prohibits an individual from suing a state institution like Virginia Tech directly.

Family members of the gunman’s victims could file negligence lawsuits in state court against the commonwealth, but Mr. Thro said they could collect no more than $100,000 each — assuming they prevailed in litigation. He added that they would not be able to sue the state in federal court. —Andrea L. Foster

Posted on Wednesday April 18, 2007 | Permalink |

Comments

  1. 1) Does the recent (December 2006) Supreme Court ruling (albeit on a different topic – it revolved around a bankrkuptcy case) open any doors regards Virginia’s sovereign immunity status?

    Also, what about the mental health facility/facilities Cho was taken to in 2005? Were they private companies and not state entities? If so, do they bear any legal responsibility, opening them up to lawsuits?

    — Angela Lee    Apr 20, 04:09 AM    #