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La. Rev. Stat. § 39:1538 (2026)

✓ current as of May 2026
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§1538. Claims against the state

Notes of Decisions
Cited in 42 cases (12 in the last 5 years), 1993–2026 · leading case: 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).
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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). · cites it 29× “13:5107 and LSA-R.S. 39:1538. For the reasons that follow, we find that the initial service on only the department head was sufficient and that the subsequent service on the 12attorney general and the office of risk management cured the objection posed by the state agency’s…”
Burnett v. James Constr. Grp., 66 So. 3d 482 (La. 2011). · cites it 7× “13:5107 and LSA-R.S. 39:1538. For reasons that follow, we find that the service of citation on only the attorney general was sufficient for purposes of LSA-R.”
Hampton v. Greenfield, 618 So. 2d 859 (La. 1993). · cites it 4× “R.S. 39:1538(3)). However, "no direct action [may lie] against the Self-Insurance Fund and claimants, with or without a final judgment recognizing their claims, [have] no enforceable right to have such claims satisfied or paid from the Self-Insurance Fund.”
Velasquez v. Chesson, 151 So. 3d 812 (La. Ct. App. 2014). · cites it 5× “R.S. 39:1538; Whitley v. State ex rel. Bd.”
Wright v. State, 258 So. 3d 846 (La. Ct. App. 2018). · cites it 3× “R.S. 39:1538 : (1) Claims against the state or any of its agencies to recover damages in tort for money damages against the state or its agencies for .”
Hunter v. Louisiana State Univ. Agric. & Mech. Coll. ex rel. Louisiana Health Care Servs. Ctr. for Univ. Hosp. at New Orleans, 77 So. 3d 264 (La. Ct. App. 2011). · cites it 21× “R.S. 39:1538 did not apply in this case because it does not provide for the dismissal of an action against the state for insufficient service of process.”
Woods v. State, Dept. of Health & Hospitals, 992 So. 2d 1050 (La. Ct. App. 2008). · cites it 3× “R.S. 39:1538. [5] DHH and DSS allege *1056 that this statute gives parties the right to bring suit against state agencies in tort in state courts.”
Cutler v. McGee, 38 So. 3d 481 (La. Ct. App. 2010). · cites it 2× “R.S. 39:1538; accordingly, *489 it contends the plaintiffs petition should be dismissed.”
Dejoie v. Medley, 945 So. 2d 968 (La. Ct. App. 2006). “R.S. 39:1538 (providing for claims against the state, but expressly not affecting judicial immunity); La.”
Marcell v. Toyota Motor North Am., Inc., 84 So. 3d 757 (La. Ct. App. 2012). · cites it 5× “R.S. 39:1538. 4 After a hearing, |2the trial court took the matter under advisement.”
Calbert v. Batiste, 109 So. 3d 505 (La. Ct. App. 2013). · cites it 2× “R.S. 39:1538. Although Major served the attorney general, he failed to serve DOTD’s department head and the Office of Risk Management (ORM) as required by La.”
Thorning v. State ex rel. Dep't of Transp. & Dev., 934 So. 2d 895 (La. Ct. App. 2006). · cites it 4× “I reject appellee’s claim that R.S. 39:1538 applies to this matter in its present procedural posture.”
Show all 42 citing cases →
— La. Rev. Stat. § 39:1538(1) — 3 cases
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). “13:5107 and LSA-R.S. 39:1538. For the reasons that follow, we find that the initial service on only the department head was sufficient and that the subsequent service on the 12attorney general and the office of risk management cured the objection posed by the state agency’s…”
Thorning v. State ex rel. Dep't of Transp. & Dev., 934 So. 2d 895 (La. Ct. App. 2006). “I reject appellee’s claim that R.S. 39:1538 applies to this matter in its present procedural posture.”
Thorning v. State Ex Rel. Dotd, 934 So. 2d 895 (La. Ct. App. 2006).
— La. Rev. Stat. § 39:1538(3) — 1 case
Hampton v. Greenfield, 618 So. 2d 859 (La. 1993). “R.S. 39:1538(3)). However, "no direct action [may lie] against the Self-Insurance Fund and claimants, with or without a final judgment recognizing their claims, [have] no enforceable right to have such claims satisfied or paid from the Self-Insurance Fund.”
— La. Rev. Stat. § 39:1538(4) — 18 cases
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). “13:5107 and LSA-R.S. 39:1538. For the reasons that follow, we find that the initial service on only the department head was sufficient and that the subsequent service on the 12attorney general and the office of risk management cured the objection posed by the state agency’s…”
Burnett v. James Constr. Grp., 66 So. 3d 482 (La. 2011). “13:5107 and LSA-R.S. 39:1538. For reasons that follow, we find that the service of citation on only the attorney general was sufficient for purposes of LSA-R.”
Hampton v. Greenfield, 618 So. 2d 859 (La. 1993). “R.S. 39:1538(3)). However, "no direct action [may lie] against the Self-Insurance Fund and claimants, with or without a final judgment recognizing their claims, [have] no enforceable right to have such claims satisfied or paid from the Self-Insurance Fund.”
Hunter v. Louisiana State Univ. Agric. & Mech. Coll. ex rel. Louisiana Health Care Servs. Ctr. for Univ. Hosp. at New Orleans, 77 So. 3d 264 (La. Ct. App. 2011). “R.S. 39:1538 did not apply in this case because it does not provide for the dismissal of an action against the state for insufficient service of process.”
Marcell v. Toyota Motor North Am., Inc., 84 So. 3d 757 (La. Ct. App. 2012). “R.S. 39:1538. 4 After a hearing, |2the trial court took the matter under advisement.”
— La. Rev. Stat. § 39:1538(A) — 2 cases
Harris v. Brown (W.D. La. 2021).
Faizan Farooqui & Farhat Farooqui, Individually & on Behalf of the Est. of Azra Farhat (D) v. BRFHH Shreveport, LLC, Brijesh M. Patel, M.D., Edwin W. Herron, M.D. & the State of Louisiana (La. Ct. App. 2021).
— La. Rev. Stat. § 39:1538(D) — 13 cases
Mary Sue Wilson v. State of Louisiana, Dep't of Pub. Saf. & Corr. (La. Ct. App. 2020).
Harris v. Brown (W.D. La. 2021).
Noretta Phillips v. Louisiana Stadium & Exposition Dist., Bd. of Commissioners / Gayle M. Benson (La. Ct. App. 2021).
Richard Hollyfield v. Amanda Tullos, M.D. (La. Ct. App. 2022).
David Lepine, Jr. & Cayden Lepine v. State of Louisiana, Dep't of Wildlife & Fisheries, John Doe Co. & Xyz Ins. Co. (La. Ct. App. 2022).
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