As for the personal liability of public officials for injuries inflicted within the
scope and performance of their official duties, health officers are not personally
held liable for damages, although it is in the employee’s best professional
interest not to be the cause of such litigation. TCAs work under a vicarious
liability theory. Therefore, state employees must act within the limits of their
authority for the TCA to apply. If the TCA applies, the state will be replaced as
the defendant and pay any damages. Intentional wrongdoing that is outside
the official’s duties, such as criminal conduct or intentional torts such as false
imprisonment, will not be covered by the TCA. If the TCA does not apply, the
state worker will be personally liable for damages.