Under sovereign immunity, correctional officers are protected from personal liability unless they do what?

Under sovereign immunity, correctional officers are protected from personal liability unless they do what?

• A. They act within the scope of employment.
• B. The agency approves the action.
• C. They act in bad faith.
• D. The action was authorized by a supervisor.

Answer: (C)

Sovereign immunity shields correctional officers from personal liability for acts performed within the scope of their official duties. The protection relies on conduct being within employment and not improper. The key exception is when the officer acts in bad faith—that is, with dishonest intent, malice, or a reckless disregard for others’ rights. In that case, the shield drops and the officer can be personally liable. Simply acting within the scope of employment, having agency approval, or being authorized by a supervisor does not by itself remove the immunity; those factors typically keep the protection in place. So, the scenario that defeats the immunity is acting in bad faith.

Sovereign immunity shields correctional officers from personal liability for acts performed within the scope of their official duties. The protection relies on conduct being within employment and not improper. The key exception is when the officer acts in bad faith—that is, with dishonest intent, malice, or a reckless disregard for others’ rights. In that case, the shield drops and the officer can be personally liable. Simply acting within the scope of employment, having agency approval, or being authorized by a supervisor does not by itself remove the immunity; those factors typically keep the protection in place. So, the scenario that defeats the immunity is acting in bad faith.