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express statutory or constitutional provisions waiving the Commonwealth’s immunity, the
Commonwealth and its agencies are immune from liability for the tortious acts or omissions of
their agents and employees.”); Niese v. City of Alexandria, 264 Va. 230, 239-40 (2002)
(municipality was immune from an action alleging an intentional tort was committed in the
performance of governmental functions). The cases Z.M. cites all involved allegations of gross
negligence against an employee of the government, not the actual sovereign itself. Burns v.
Gagnon, 283 Va. 657, 677 (2012) (addressing liability of assistant principal following a fight at
the school); Cromartie v. Billings, 298 Va. 284, 297 (2020) (addressing claims against a former
police officer for, among other things, excessive force and false arrest); James, 221 Va. at 53
(addressing action brought against several doctors).
Although sovereign immunity protects the School Board from suit, the same is not true
for the School Board employees Z.M. has sued. Because the plaintiff alleges that these
employees were grossly negligent, the action may proceed against the employees, who are not
protected by derivative sovereign immunity in that circumstance.
CONCLUSION
The judgment of the circuit court is reversed and the case is remanded.
Reversed and remanded. Jump to an indexed page (6 of 6)