Title 50, Chapter 21, Section 21
( 50-21-21)
(a) The General Assembly recognizes the inherently unfair and
inequitable results which occur in the strict application of the
traditional doctrine of sovereign immunity. On the other hand, the
General Assembly recognizes that, while private entrepreneurs
voluntarily choose the ambit of their activity and can thereby exert
some control over their exposure to liability, state government does
not have the same flexibility. In acting for the public good and in
responding to public need, state government must provide a broad
range of services and perform a broad range of functions throughout
the entire state, regardless of how much exposure to liability may
be involved. The exposure of the state treasury to tort liability
must therefore be limited. State government should not have the duty
to do everything that might be done. Consequently, it is declared to
be the public policy of this state that the state shall only be
liable in tort actions within the limitations of this article and in
accordance with the fair and uniform principles established in this
article. (b) The General Assembly also recognizes that the proper functioning
of state government requires that state officers and employees be
free to act and to make decisions, in good faith, without fear of
thereby exposing themselves to lawsuits and without fear of the loss
of their personal assets. Consequently, it is declared to be the
public policy of this state that state officers and employees shall
not be subject to lawsuit or liability arising from the performance
or nonperformance of their official duties or functions. (c) All of the provisions of this article should be construed with a
view to carry out this expression of the intent of the General
Assembly. |