In recent legal developments, the Virginia Court of Appeals ruled on September 19, 2023 in the case of Fogleman v. Commonwealth of Virginia that sovereign immunity has not been waived under the Virginia Human Rights Act (VHRA). The ruling indicated that no waiver has been issued, neither expressly nor by necessary implication.
This verdict was rendered under the purview of Virginia’s codified rule of sovereign immunity. According to this principle, the Commonwealth, its agencies and employees operating within the scope of official employment are protected from lawsuits without express consent by the General Assembly.
This landmark ruling could potentially shape future claims brought forth under the Virginia Human Rights Act. If a claimant intends to file a suit against the Commonwealth or its entities, waivers of immunity would be required. Without such waivers, the suit may be interpreted as invalid, thereby leading to its dismissal.
This decision signifies an important point for legal practitioners dealing with human rights violations in Virginia. The findings underscore how judges interpret sovereign immunity under Virginia’s complex legal landscape and may potentially impact the decisions in future lawsuits.
For a more detailed understanding of the case and its implications, you can read more about the decision here.