§ 42:26 — Remedies; jurisdiction; authority; attorney fees

Louisiana § 42:26

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

Text

§26. Remedies; jurisdiction; authority; attorney fees
A. In any enforcement proceeding the plaintiff may seek and the court may grant any
or all of the following forms of relief:
(1) A writ of mandamus.
(2) Injunctive relief.
(3) Declaratory judgment.
(4) Judgment rendering the action void as provided in R.S. 42:24.
(5) Judgment awarding civil penalties as provided in R.S. 42:28.
B. In any enforcement proceeding the court has jurisdiction and authority to issue all
necessary orders to require compliance with, or to prevent noncompliance with, or to declare
the rights of parties under the provisions of this Chapter. Any noncompliance with the orders
of the court may be punished as contempt of court.
C. If a party who brings an enforcement proceeding pursuant to R.S. 42:25 prevails,
the party shall be awarded reasonable attorney fees and other costs of litigation. If such party
prevails in part, the court may award the party reasonable attorney fees or an appropriate
portion thereof.
D. If the court finds that the proceeding was of a frivolous nature and was brought
with no substantial justification, it may award reasonable attorney fees to the prevailing
party.

Legislative History

Added by Acts 1979, No. 681, §1. Acts 1989, No. 54, §1; Acts 2010, No. 861, §23; Acts 2019, No. 340, §1.