Public health departments and public health officials are frequent targets of litigation. State and
federal law provide sovereign immunity for most claims that arise from the exercise of the state's
police powers to protect the public health. However, many modern health departments do more
than exercise police powers, providing prenatal care, wellness clinics, and other personal health
services. Health departments are also employers and must comply with state and federal
employment and antidiscrimination laws, as well as laws such as the Americans with Disabilities
Act. Such laws have little or no application to core police power functions, however.
Sovereign immunity is an old common law doctrine stating that the king, and later, the state and
those operating on the behalf of the state, cannot be sued. If the state injures a person, the only
way for the individual to get compensation under sovereign immunity is to persuade the legislature
to pass a special law authorizing such compensation. In the early 1900s such laws began to clog
both Congress and the state legislatures, leading to the passage of tort claims acts (TCAs) that
waive sovereign immunity in certain circumstances. Congress has also passed various civil rights
acts that allow suits against persons acting under the authority of state law who violate
constitutional rights and certain federal laws. These laws reflect the balance between delivering
cost-effective public services and holding public officials accountable for negligent or intentionally
harmful actions. Since the states have only a limited duty to provide public services, allowing
unlimited legal liability would encourage legislatures to reduce public services and would make it
difficult to attract qualified professionals for public health service. The courts must balance the value
of the service against the potential harm caused by improper actions.
Public health officials can be sued in two ways: in their official capacity or as private persons.
Official capacity means the public health official is a surrogate for the government and is not
personally liable if damages are awarded to the plaintiff. These lawsuits are usually brought to stop
enforcement of an unconstitutional law or to stop unconstitutional or otherwise illegal behavior by
the health agency, and are governed by the principle of sovereign immunity. Private capacity
lawsuits assert personal wrongdoing by the official and, if they are successful, damages must be
paid by the official or his or her insurer. This personal wrongdoing may be related to official duties,
such as destroying a dog, or may be strictly private conduct, such as causing an accident while
driving drunk. Personal liability is limited by official immunity, which seeks to protect the
government's ability to act by protecting its officials.
