§2800.30. Limitation of liability of a public entity for false imprisonment of an offender
sentenced to a term of imprisonment
A. Definitions
For purposes of this Section:
(1) "Bona fide termination" means that the underlying proceeding is brought to a
conclusion on the merits and all appeals are exhausted.
(2) "Department" means the Department of Public Safety and Corrections.
(3) "False imprisonment" means the unlawful detention of an offender by or on
behalf of the department, including incarceration of an offender beyond the date the offender
was legally required to be released from prison.
(4) "Offender" means a person convicted of a crime and sentenced to serve a term
of imprisonment.
B. Civil actions
(1) Any civil action for damages based on claims of false imprisonment shall be
governed by the terms and provisions of the Prison Litigation Reform Act, R.S. 15:1181 et
seq.
(2) An offender challenging the computation or calculation of the offender's
sentence, release date, good time date, or parole date shall pursue that claim pursuant to the
provisions of R.S. 15:1171 et seq., including judicial review in the parish of East Baton
Rouge in the Nineteenth Judicial District Court.
C. Threshold requirement of bona fide termination
(1) No civil action for damages based on claims of false imprisonment arising from
the computation or calculation of the offender's sentence, release date, good time date, or
parole date shall be brought against a sheriff, the department, or any officer or employee
thereof, unless the offender first obtains a bona fide termination in the offender's favor in
proceedings brought pursuant to the provisions of R.S. 15:1171 et seq., including judicial
review.
(2) Any civil action for damages claiming false imprisonment brought while
underlying proceedings seeking a bona fide termination are ongoing, but before a bona fide
termination is obtained, shall be dismissed without prejudice.
(3) Any civil action for damages claiming false imprisonment brought after the
offender fails to timely initiate or pursue the procedure required to challenge the computation
or calculation of the offender's sentence, release date, good time date, or parole date shall be
dismissed with prejudice.
Acts 2025, No. 317, §1.