Louisiana Revised Statutes 13:5240 – Limitations and procedures
Terms Used In Louisiana Revised Statutes 13:5240
- Burden: means that the government, directly or indirectly, does any of the following:
(a) Constrains or inhibits conduct or expression mandated by a person's sincerely held religious tenet or belief. See Louisiana Revised Statutes 13:5234
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Exercise of religion: means the practice or observance of religion under Article 1, Section 8, of the Constitution of Louisiana and the First Amendment of the Constitution of the United States of America and includes the ability to act or refuse to act in a manner substantially motivated by a sincerely-held religious belief, whether or not the exercise is compulsory or a central part or central requirement of the person's religious belief. See Louisiana Revised Statutes 13:5234
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- person: includes an individual and also includes a church, association of churches or other religious order, body or institution which qualifies for exemption from taxation under Section 501(c)(3) or (d) of the Internal Revenue Code of 1986 (Public law 99-514, Louisiana Revised Statutes 13:5234
A. Except as stated in Subsection B of this Section, and except as to objections, protective orders or writs of mandamus or prohibition, the provisions of the Louisiana Governmental Claims Act, La. Rev. Stat. 13:5101 through 5108, as applicable, shall apply to an action under this Part.
B. A person shall bring an action to assert a claim for damages under this Part not later than one year after the date the person knew or should have known of the substantial burden on the person’s free exercise of religion. Mailing notice under La. Rev. Stat. 13:5238 shall toll the one-year period until the seventy-fifth day after the date on which the notice is mailed.
C. Notwithstanding any other provision of law to the contrary, including La. Rev. Stat. 13:5238 and 5239, the provisions of the Corrections Administrative Remedy Procedure, as provided in La. Rev. Stat. 15:1171 through 1179, and the Prison Litigation Reform Act, as provided in La. Rev. Stat. 15:1181 through 1191, as applicable, shall apply to any action under this Part.
Acts 2010, No. 793, §1.