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You comment indicates you are somewhat knowledgeable about this, so a question for you. I think the first police forces were established 60+ years after the constitution was written, do you think they would have given that same level of immunity to an armed branch of the government? Seems like the restrictions on military actions within the countries borders would indicate a general skepticism towards armed agents of the government.

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I don't think the founders would have conceptualized governmental liability the way that we do in the modern era. Even hallmark legislation like 42 U.S.C. § 1983 is a product of 20th century jurisprudence.

Very early supreme court opinions took a nearly absolutist position on private right of action against the government being barred under the doctrine of sovereign immunity. The court has slowly backed away from that position over time.

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