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La. Rev. Stat. § 13:5101 (2026)

Title and application

✓ current as of May 2026
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PART XV. SUITS AGAINST STATE, STATE AGENCIES,

OR POLITICAL SUBDIVISIONS

§5101. Title and application

A. This Part shall be known and may be cited as the "Louisiana Governmental Claims Act".

B. This Part applies to any suit in contract or for injury to person or property against the state, a state agency, an officer or employee of the state or a state agency arising out of the discharge of his official duties or within the course and scope of his employment, or a political subdivision of the state, as defined herein, or against an officer or employee of a political subdivision arising out of the discharge of his official duties or within the course and scope of his employment. The provisions of this Part shall not supersede the provisions of R.S. 15:1171 et seq. or R.S. 15:1181 et seq.

Acts 1990, No. 284, §1; Acts 1996, 1st Ex. Sess., No. 63, §1, eff. May 9, 1996; Acts 2002, 1st Ex. Sess., No. 89, §1, eff. April 18, 2002; Acts 2010, No. 301, §1, eff. August 15, 2010.

Notes of Decisions
Cited in 77 cases (6 in the last 5 years), 1960–2025 · leading case: Scott v. Clark, 583 So. 2d 938 (La. Ct. App. 1991).
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Scott v. Clark, 583 So. 2d 938 (La. Ct. App. 1991). · cites it 13× “In particular, the legislature in 1975 enacted Act 434 which amended and reenacted LSA-R.S. 13:5101 et seq. without changing any of the language of LSA-R.”
Marcus Miller v. Harold Thibeaux,lafayette Par. Sch. Bd. & Am. Alt. Ins. Corp., 159 So. 3d 426 (La. 2015). · cites it 2× “13:5106 of Louisiana’s Governmental Claims Act (LSA-R.S. 13:5101 et seq.). The plaintiff filed a motion for partial summary judgment on December 20, 2012, seeking rulings from the district court that: (1) Mr.”
Arshad v. City of Kenner, 95 So. 3d 477 (La. 2012). · cites it 3× “11 This civil case involves the prohibition against jury trials in suits against a political subdivision under the Louisiana Governmental Claims Act, La.Rev.Stat. § 13:5101 et seq., and presents the problematic issue of whether, under La.”
Burge v. State, 54 So. 3d 1110 (La. 2011). “LSA-R.S. 13:5101. Although the statute governs lawsuits involving the state generally, nothing in Section 5107 authorizes its application to a compensation proceeding for a wrongful criminal conviction.”
Whitley v. State Ex Rel. Bd. of Supervisors of Louisiana State Univ. Agric. Mech. Coll. Ex Rel. Med. Ctr. of Louisiana at New Orleans-Univ. Campus, 66 So. 3d 470 (La. 2011). “In 1975, Part XV of Chapter 32 of Title 13 of the revised statutes containing LSA-R.S. 13:5101 to 5111 was amended and reenacted at which time former LSA-R.”
Stuka v. Fleming, 561 So. 2d 1371 (La. 1990). “For the Fund has no home, head or governing body except that of a creature or entity of the state. Consequently, a plaintiff's suit against the Fund is either a suit against the state as trustee or against the Fund as an entity of the state and cannot be tried by a jury.”
Marrapese v. Rhode Island, 500 F. Supp. 1207 (D.R.I. 1980). “Tort Claims Act, La.Rev.Stat. Ann. §§ 13:5101 to 5111, enacted 1975; covered all suits in contract and for personal or property damage; venue restrictions; exclusive jurisdiction in state courts.”
Foster v. Hampton, 352 So. 2d 197 (La. 1977). “[7] See R.S. 13:5101, et seq. for the procedure to be followed in suing the state, a state agency, or political subdivision.”
Jones v. City of Kenner, 338 So. 2d 606 (La. 1976). “R.S. 13:5101 (1975), also La.R.S. 13:5105 (1975).”
Chenevert v. Hilton, 978 So. 2d 1078 (La. Ct. App. 2008). · cites it 2× “R.S. 13:5101, et seq. The plaintiff contests this determination on appeal, asserting that the deputies were acting in their capacity as security guards and not as deputies.”
Fecke v. Bd. of Supervisors, 180 So. 3d 326 (La. Ct. App. 2015). · cites it 2× “R.S. 13:5101— 5113. . -Louisiana Revised Statutes 13:5106(D)(1) provides that: "Medical care and related benefits” for the purpose of this Section means all reasonable medical, surgical, hospitalization, physical rehabilitation, and custodial services, and includes drugs,…”
Edwards v. Daugherty, 729 So. 2d 1112 (La. Ct. App. 1999). “" Neither are we persuaded to read "in the above captioned matter" as "in the above captioned matter and all other matters.”
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La. Rev. Stat. § 13:5101(B): 12 cases
Brown v. Coregis Ins. Co., 752 So. 2d 347 (La. Ct. App. 2000).
Chenevert v. Hilton, 978 So. 2d 1078 (La. Ct. App. 2008). “R.S. 13:5101, et seq. The plaintiff contests this determination on appeal, asserting that the deputies were acting in their capacity as security guards and not as deputies.”
Simmons v. Turner, 888 So. 2d 357 (La. Ct. App. 2004).
Naquin v. Titan Indem. Co., 767 So. 2d 726 (La. Ct. App. 2000).
Billeaudeau v. Opelousas Gen. Hosp. Auth., 239 So. 3d 306 (La. Ct. App. 2018).
La. Rev. Stat. § 13:5101(B)(1): 1 case
Fecke v. Bd. of Supervisors, 180 So. 3d 326 (La. Ct. App. 2015). “R.S. 13:5101— 5113. . -Louisiana Revised Statutes 13:5106(D)(1) provides that: "Medical care and related benefits” for the purpose of this Section means all reasonable medical, surgical, hospitalization, physical rehabilitation, and custodial services, and includes drugs,…”
La. Rev. Stat. § 13:5101(D): 1 case
Poole v. Jefferson Par. Rec. Dep't, 750 So. 2d 1165 (La. Ct. App. 2000).
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