Louisiana Revised Statutes 9:2793.11 – Limitation of liability for peace officers performing their duties; definitions; exceptions
Terms Used In Louisiana Revised Statutes 9:2793.11
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. As used in this Section:
(1) “Discretionary function” means any action or conduct of a peace officer, acting within the course and scope of his law enforcement duties, that includes exercising judgment in the enforcement of the criminal laws of the state including but not limited to arresting or attempting to arrest persons or carrying out any other duties or obligations imposed upon a peace officer in this state.
(2) “Peace officer” shall include all individuals as defined in La. Rev. Stat. 40:2402(3) and La. Rev. Stat. 14:112.4(B)(2).
(3) “Public entity” means the state or a political subdivision of the state that employs or appoints any peace officer as defined in this Subsection.
B. A civil claim for damages against a peace officer or public entity that employs or appoints a peace officer shall be prohibited in any of the following circumstances:
(1) The conduct or actions of the peace officer arise out of the performance of any discretionary function within the course and scope of the peace officer’s law enforcement duties.
(2) The success of the claim necessarily implies the invalidity of a criminal conviction or sentence, unless the conviction or sentence has been invalidated through appropriate legal proceedings.
C. The provisions of Subsection B of this Section shall not apply to any of the following:
(1) Any act or omission of a peace officer which constitutes criminal, fraudulent, or intentional misconduct.
(2) Any private nongovernmental person or entity, including any private employer of a peace officer during that officer’s off-duty hours.
D. The provisions of this Section shall not relieve a peace officer from the duty to drive or ride with due regard for the safety of all persons when the peace officer is the driver or rider of a vehicle operated in the course and scope of his employment, including when subject to the provisions of La. Rev. Stat. 32:24.
Acts 2024, 2nd Ex. Sess., No. 16, §1.