Personal Liability of State Health Officials
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.