Legal Memorandum: Limitations of Liability for Public Bodies

Issue: What is the limitation of liability for public bodies pursuant to La. R.S. 9:2798.1 as applied in Shreveport Louisiana?

Area of Law: Employee Law, Litigation & Procedure, Municipal, County and Local Law
Keywords: Limitation of Liability; Public entities or their officers or employees
Jurisdiction: Federal, Louisiana
Cited Cases: 758 So. 2d 923
Cited Statutes: La. R.S. § 9:2798.1, § 9:2798.1(B), (C)
Date: 05/01/2010

La. R.S. § 9:2798.1 states, in pertinent part,

B.  Liability shall not be imposed on public entities or their officers or employees based upon the exercise or performance or the failure to exercise or perform their policymaking or discretionary acts when such acts are within the course and scope of their lawful powers and duties.


C. The provisions of Subsection B of this Section are not applicable:


(1) To acts or omissions which are not reasonably related to the legitimate governmental objective for which the policymaking or discretionary power exists; or


(2) To acts or omissions which constitute criminal, fraudulent, malicious, intentional, willful, outrageous, reckless, or flagrant misconduct.

La. R.S. § 9:2798.1(B), (C).  This state qualified immunity statute provides an affirmative defense pursuant to which the defendant may show that he or she is entitled to discretionary immunity.  The court in Marino v. Parish of St. Charles, 09-197 (La. App. 5 Cir. 10/27/09), 27 So. 3d 926, described the applicable standard:

In determining “Discretionary Immunity” under La. R.S. 9:2798.1, the court must first consider whether the government employee had an element of choice and his course of action was not specifically prescribed by the statute, regulation, or policy.  Conduct cannot be discretionary unless it involves an element of judgment or choice.  Thus, discretionary immunity will not apply when a specific course of action is prescribed as the employee has no […]


Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)