Louisiana Revised Statutes & Codes

La. Rev. Stat. § 9:2792.4 (2026)

Limitation of liability of members of boards, commissions, or authorities of political subdivisions

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§2792.4. Limitation of liability of members of boards, commissions, or authorities of political subdivisions

           A. As used in this Section, a "member of a board, commission or authority of a political subdivision" means a person serving as an elected or appointed director, trustee, or member of a board, commission, or authority of a municipality, ward, parish, or special district, board, or commission of the state, including without limitation, a levee district, school board, parish law enforcement district, downtown development district, tourist commission, port commission, publicly owned railroad board or commission, or any other local board, commission, or authority.

           B. A person who serves as a member of a board, commission, or authority of a political subdivision as defined in Subsection A, shall not be individually liable for any act or omission resulting in damage or injury, arising out of the exercise of his judgment in the formation and implementation of policy while acting as a member of a board, commission, or authority of that political subdivision, provided he was acting in good faith and within the scope of his official functions and duties, unless the damage or injury was caused by his willful or wanton misconduct.

           Acts 1987, No. 667, §1; Acts 1988, No. 734, §1.

Notes of Decisions
Cited in 5 cases, 2001–2017 · leading case: Alexander v. La. State Bd. of Private Investigator Examiners, 211 So. 3d 544 (La. Ct. App. 2017).
Alexander v. La. State Bd. of Private Investigator Examiners, 211 So. 3d 544 (La. Ct. App. 2017). · cites it 6× “R.S. 9:2792.4, 23 and that the Defendants are entitled to discretionary immunity under La.”
Tollett v. Members of Orleans Par. Sch. Bd., 782 So. 2d 681 (La. Ct. App. 2001). · cites it 4× “R.S. 9:2792.4, which states, in pertinent part: (B) A person who serves as a member of a [school] board .”
Jones v. Town of Woodworth, 178 So. 3d 243 (La. Ct. App. 2015). “” ' The Town of Woodworth and Officer Sikes had also plead in their “Answer To Plaintiff’s Petition for Damages,” the affirmative defense of qualified immunity pursuant to La.”
Brannan v. Amato, 428 F. Supp. 2d 523 (E.D. La. 2006). “The defendants also contend that the school board members cannot be liable under LSA-R.S. 9:2792.4, which provides that "members of a board [cannot] be individually liable for any act or omission resulting in damage or injury arising out of the exercise of his judgment .”
Opinion No. (La. Att'y Gen. 2003). “R.S, 9:2792.4(B) uses the word "shall" in its language, which establishes that the provisions contained therein are to be regarded as a mandate from the legislature.”
La. Rev. Stat. § 9:2792.4(B): 1 case
Opinion No. (La. Att'y Gen. 2003). “R.S, 9:2792.4(B) uses the word "shall" in its language, which establishes that the provisions contained therein are to be regarded as a mandate from the legislature.”
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