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.

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.

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.

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 Idaho, sovereign immunity is a legal doctrine that protects the state government, its agencies, and political subdivisions from being sued or held liable in court, similar to the federal government and other states. This immunity can be waived by the state legislature through explicit statutes. Idaho has enacted the Idaho Tort Claims Act (ITCA), which waives the state's sovereign immunity to a certain extent, allowing individuals to sue the state or its political subdivisions for certain tortious acts committed by government employees within the scope of their employment. However, there are limitations and exceptions to this waiver, and the state does not waive immunity from suit merely by entering into contracts with private parties. Legislative consent for a lawsuit against the state must be clearly and unambiguously expressed in the law. It's important for anyone considering legal action against the state of Idaho or its entities to consult with an attorney to understand the specific provisions and limitations of the ITCA and any other relevant statutes.