§ 42:1441 — Limitation on the liability of the state of Louisiana; indemnification

Louisiana § 42:1441

• Jurisdiction: Louisiana
• Title 42: Public Officers and Employees

Text

§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.

Legislative History

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