§2793.11. Limitation of liability for peace officers performing their duties; definitions;
exceptions
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 R.S. 40:2402(3) and
R.S. 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 R.S. 32:24.
Acts 2024, 2nd Ex. Sess., No. 16, §1.