Sovereign immunity (also known as governmental immunity) in American law was derived from the British common law doctrine that the King could do no wrong—and thus could not be sued. Sovereign immunity varies from state to state, but typically applies to state governments as well as the federal government.

But federal and state governments (generally the U.S. Congress and state legislatures) have the ability to waive their sovereign immunity. Waivers of sovereign immunity are usually included in state and federal statutes, and interpreted and applied by state and federal courts in court opinions.

For example, sovereign immunity protects the state and its various provisions of state government—including agencies, boards, hospitals, and universities—from liability and from suit—unless the immunity has been waived. Similarly, sovereign immunity protects political subdivisions—including counties, cities, and school districts—from liability and from suit—unless the immunity has been waived.

Thus, sovereign immunity encompasses two principles: (1) immunity from suit and (2) immunity from liability. Immunity from suit bars a suit against the state or other governmental entity unless the Legislature expressly gives consent. Immunity from liability protects the state or other governmental entity from judgments even if the Legislature has expressly given consent to sue.

In some states, when a governmental entity contracts, it is liable on contracts made for its benefit as if it were a private person. Consequently, when a governmental entity contracts with private citizens it waives immunity from liability. But the governmental entity does not waive immunity from suit simply by contracting with a private person. Legislative consent to sue is still necessary.

A party may establish legislative consent by referencing a statute or a resolution granting express legislative permission. Legislative consent to sue the state or other governmental entity must be expressed in clear and unambiguous language.

In California, sovereign immunity is a legal doctrine that prevents the state government, as well as its various subdivisions such as agencies, boards, and universities, from being sued or held liable in lawsuits unless this immunity has been explicitly waived by statute. The California Tort Claims Act is a key example of such a waiver, where the state has consented to be sued in certain circumstances, particularly in cases involving personal injury, property damage, or wrongful death caused by the negligent or wrongful act of a state employee acting within the scope of employment. However, even with such statutes, the consent to be sued must be clear and unambiguous, and there are still many instances where sovereign immunity applies, protecting the state from both lawsuits and liability. Additionally, when a state entity enters into a contract, it may waive its immunity from liability, but not necessarily from suit, unless there is legislative consent. It's important for individuals to consult with an attorney to understand the specific conditions under which the state has waived its sovereign immunity and to navigate the complexities of bringing a claim against the state or its subdivisions.