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 West Virginia, sovereign immunity is a legal doctrine that protects the state government, its agencies, and political subdivisions from being sued or held liable in court without their consent. This immunity extends to various state entities, including boards, hospitals, universities, counties, cities, and school districts. However, the West Virginia Legislature can waive this immunity through statutes that must be clear and unambiguous. When the state or its entities engage in contracts for their benefit, they may waive immunity from liability, treating them similarly to private parties in terms of contractual obligations. Nevertheless, entering into a contract does not waive the state's immunity from being sued; explicit legislative consent is still required for a lawsuit to proceed. The distinction between immunity from suit and immunity from liability is crucial, with the former preventing lawsuits against the state without legislative approval, and the latter protecting the state from judgments even if there is consent to sue.