2018 Louisiana Laws
Revised Statutes
TITLE 42 - Public Officers and Employees
RS 42:1441 - Limitation on the liability of the state of Louisiana; indemnification

CHAPTER 23. LIABILITY FOR ACTS OF PUBLIC EMPLOYEES

§1441. Limitation on the liability of the state of Louisiana; indemnification

            A. The state of Louisiana shall not be liable for any damage caused by a district attorney, except as provided in Subsection D of this Section, a coroner, assessor, sheriff, clerk of court, except as provided in Subsection E of this Section, or public officer of a political subdivision within the course and scope of his official duties, or damage caused by an employee of a district attorney, except as provided for in Subsection D of this Section, a coroner, assessor, sheriff, clerk of court, except as provided in Subsection E of this Section, or public officer of a political subdivision.

            B. The provisions of Subsection A of this Section are not intended to and shall not be construed to affect any personal liability which may arise from damage caused by any public officer of a political subdivision, or by a district attorney, coroner, assessor, sheriff, clerk of court, or the employee of any such public officer, nor shall the provisions of said Subsection A be construed to amend or repeal R.S. 13:5108.1.

            C. For the purposes of this Section, "political subdivision" means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions.

            D.(1) The state of Louisiana shall indemnify a district attorney and his office against any claim, demand, suit, complaint, or petition in a federal court based on allegations of the constitutional validity of a statute when the district attorney or his office has taken no action to institute prosecution by filing a bill of information or an indictment. The attorney general may, in exercising his discretion under R.S. 49:257(C), defend the district attorney or his office.

            (2) When the attorney general has assumed the defense of a district attorney or his office, at any point in the litigation, before a judgment is final and executable, the attorney general, in concurrence with the governor, and the district attorney pursuant to R.S. 49:257(D), may enter into a settlement or compromise to resolve the litigation by means of a consent judgment.

            (3) Payment of a final judgment or consent judgment shall be by legislative appropriation. Payment of a final judgment or consent judgment, of any amount, against a district attorney or his office shall not be made unless the payment is approved by a majority of members of a subcommittee of the Joint Legislative Committee on the Budget comprised of three members of the Senate and three members of the House designated by the chairman. Notwithstanding any other provision of law to the contrary, the subcommittee may meet in executive session to consider such agreements.

            (4) The district attorney, or the attorney general, if the attorney general assumed the defense of the claim shall present the subcommittee with a concise abstract of the facts and principles of law upon which the claim is based. The abstract shall include a detailed analysis of the calculation of damages as well as attorney fees, court costs, and interest thereon. The abstract and other information submitted to the subcommittee shall be public record, with the exception of material that reflects the mental impressions, conclusions, opinions, or theories of an attorney.

            (5) The amount of the final or consent judgment and terms and conditions of any agreement shall be public record.

            E.(1) The state of Louisiana shall indemnify any clerk of court or any employee of his office against any claim, demand, or suit when the allegation is based on a challenge of the constitutional validity of a statute and when the clerk of court is acting in accordance with state law.

            (2) Payment of a final judgment or consent judgment shall be by legislative appropriation. The payment of a final judgment or consent judgment, of any amount, against any clerk of court or any employee of his office shall not be made unless the payment is approved by a majority of members of a subcommittee of the Joint Legislative Committee on the Budget, comprised of three members of the Senate and three members of the House of Representatives as designated by the chairman. Notwithstanding any other provision of law to the contrary, the subcommittee may meet in executive session to consider such agreements.

            (3) The clerk of court shall present the subcommittee with a concise abstract of the facts and principles of law upon which the claim is based. The abstract shall include a detailed analysis of the calculation of damages as well as attorney fees, court costs, and interest thereon. The abstract, the amount of the final or consent judgment, any terms and conditions of any agreement, and any other information submitted to the subcommittee shall be public record, with the exception of any material that reflects the mental impressions, conclusions, opinions, or theories of an attorney.

            Added by Acts 1978, No. 318, §2; Acts 2017, No. 414, §1; Acts 2018, No. 594, §1, eff. May 28, 2018.