section 10(b) immunity (Louisiana) · Go Syfert
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section 10(b) immunity in Louisiana

9 Louisiana opinions name it 2 courts 1989–2008 0 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Jones v. CITY OF BATON ROUGE, ETC.green
la · 1980 · cited in 3 Louisiana opinions naming this issue, 1989–1999
2 sentences

1999Jones, 388 So.2d at 740 .

1989The Louisiana Supreme Court held in Jones v. City of Baton Rouge, 388 So.2d 737 (La.1980), that the unequivocal constitutional rejection of sovereign immunity found in Article 12, § 10 of the 1974 Constitution requires the application of strict liability to the state and all political subdivisions.

13
Jacobs v. City of Bunkiegreen
la · 1999 · cited in 1 Louisiana opinions naming this issue, 2008–2008
1 sentence

2008See Jacobs v. City of Bunkie, 98-2510 (La.5/18/99), 737 So.2d 14 .

11
Levron v. State ex rel. Department of Health & Hospitalsgreen
la · 1996 · cited in 1 Louisiana opinions naming this issue, 1997–1997
1 sentence

1997See Levron v. State, 94-2094 (La.App. 4 Cir. 4/24/96) , 673 So.2d 279 , writs den'd, 96-1684, 96-1723 (La.10/4/96), 679 So.2d 1387, 1391 .

11
Levron v. Stategreen
lactapp · 1996 · cited in 1 Louisiana opinions naming this issue, 1997–1997
1 sentence

1997See Levron v. State, 94-2094 (La.App. 4 Cir. 4/24/96) , 673 So.2d 279 , writs den'd, 96-1684, 96-1723 (La.10/4/96), 679 So.2d 1387, 1391 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Chamberlain v. State, Through DOTD green
la · 1993
2 sentences

1999In that case, we found that Section 10(A) is a self-executing provision that sets forth "a mandatory prohibition against sovereign immunity in tort and contract suits." Chamberlain, 624 So.2d at 881 .

1996However, that legislative imposition of a cap was held unconstitutional in Chamberlain v. State Through DOTD, 624 So.2d 874 (La.1993), since it contravened Article XII, § 10's proscription against sovereign immunity.

21996–1999
Segura v. Louisiana Architects Selection Bd. green
la · 1978
2 sentences

1995In 1978, the Louisiana Supreme Court, in Segura v. Louisiana Architects Selection Board, 362 So.2d 498 (La.1978), discussed whether a previously enacted statutory provision exempting the state from the payment of costs in judicial proceedings [2] was superseded by the adoption of LSA-Const. art. 12, § 10(A).

1995In 1978, the Louisiana Supreme Court, in Segura v. Louisiana Architects Selection Board, 362 So.2d 498 (La.1978), discussed whether a previously enacted statutory provision exempting the state from the payment of costs in judicial proceedings 2 [ ipwas superseded by the adoption of LSA-Const. art. 12, § 10(A).

21995–1995
Sibley v. Board of Sup'rs of Louisiana State University green
la · 1985
1 sentence

1993Significantly, as demonstrated below, it is this retained immunity in Section 10(B) that was at the root of our labelling this constitutional proscription against sovereign immunity as a "limited" one in Sibley I. 462 So.2d at 153 n. 3 (quoting Hargrave, supra at 650). (iii) Section 10(C)—Procedure; Judgments: The powers Section (C) allocates to the legislature are two-fold.

11993–1993
Liberty Mut. Ins. Co. v. Grant Parish Sheriff's Dept. neutral
la · 1977
1 sentence

1993In Liberty Mutual Insurance Company v. Grant Parish Sheriff’s Dept. 350 So.2d 236 (La.App. 3rd Cir.1977), writ denied, 352 So.2d 235 (La.1977), we held sheriff departments were not legal entities “capable of suing and being sued.” Only the sheriff, individually, was liable for the negligence of his deputies committed under his direct orders or in the performance of their official duties.

11993–1993
Liberty Mut. Ins. Co. v. Grant Parish Sheriff's Department green
lactapp · 1977
1 sentence

1993In Liberty Mutual Insurance Company v. Grant Parish Sheriff’s Dept. 350 So.2d 236 (La.App. 3rd Cir.1977), writ denied, 352 So.2d 235 (La.1977), we held sheriff departments were not legal entities “capable of suing and being sued.” Only the sheriff, individually, was liable for the negligence of his deputies committed under his direct orders or in the performance of their official duties.

11993–1993

Statutes the citing opinions construe

USC § 9u.s.c.10 (9) LA § La. Rev. Stat. § 13:5106 (6) LA § La. Rev. Stat. § 13:5112 (5) LA § La. Rev. Stat. § 9:2800 (5) LA § La. Rev. Stat. § 29:23.1 (4) LA § La. Rev. Stat. § 9:2798.1 (4) LA § La. Rev. Stat. § 1 (3) LA § La. Rev. Stat. § 13:5114 (3) LA § La. Rev. Stat. § 3 (3) LA § La. Rev. Stat. § 42:1441.1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MA 32 (1989–2025) LA 9 (1989–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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