Louisiana Revised Statutes 44:42 – Immunity from suit for invasion of privacy
Terms Used In Louisiana Revised Statutes 44:42
- custodian: means the public official or head of any public body having custody or control of a public record, or a representative specifically authorized by him to respond to requests to inspect any such public records. See Louisiana Revised Statutes 44:1
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- public records: except as otherwise provided in this Chapter or the Constitution of Louisiana. See Louisiana Revised Statutes 44:1
A. Any custodian who releases records in response to a public records request made pursuant to this Chapter shall be immune from any lawsuit for invasion of privacy alleged to be caused by the release of public records, provided the custodian acts on advice of counsel.
B. This Section shall not apply if the release of the records is proven to be arbitrary and capricious.
C. A custodian who claims the immunity provided by this Section shall be entitled to a presumption that his conduct was not arbitrary and capricious upon presenting a prima facie case of his reliance on advice of counsel.
D. For purposes of this Section, “advice of counsel” means a determination by the custodian’s selected attorney, or if the custodian is an attorney, upon the custodian’s own diligent determination in his capacity as attorney.
Acts 2022, No. 684, §1.