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Legal Memorandum: Limitations on Liability for Public Bodies

Issue: Under what circumstances do the limitations on liability for public bodies under La. Rev. Stat. 9:2798.1 apply?

Area of Law: Employee Law, Litigation & Procedure, Municipal, County and Local Law
Keywords: Limitations on liability; Public entity
Jurisdiction: Louisiana
Cited Cases: None
Cited Statutes: La. Rev. Code § 9:2798.1, § 9:2798.1(A), § 9:2798.1(B), § 9:2798.1(C)
Date: 07/01/2010

La. Rev. Code § 9:2798.1 provides that liability may not be imposed on a “public entity,” including officers, officials, and employees of political subdivisions, for 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.  La. Rev. Code § 9:2798.1(A), (B) (2010).  This provision does not apply, however, to acts or omissions that are not reasonably related to the legitimate objective for which the policymaking or discretionary power exists, or to acts or omissions that constitute malicious, intentional, willful, outrageous, reckless, or flagrant misconduct.  Id. § 9:2798.1(C). 

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