Public-domain · open source
OpenJurist

La. R.S. 44:42

Immunity from suit for invasion of privacy

Known as the Public Records Law

The act spans §§ 44–44 (207 sections).

Acts 2022, No. 684, §1.

A. Any custodian who releases records in response to a public records request made pursuant to this Chapter shall be immune from any lawsuit for invasion of privacy alleged to be caused by the release of public records, provided the custodian acts on advice of counsel.

B. This Section shall not apply if the release of the records is proven to be arbitrary and capricious.

C. A custodian who claims the immunity provided by this Section shall be entitled to a presumption that his conduct was not arbitrary and capricious upon presenting a prima facie case of his reliance on advice of counsel.

D. For purposes of this Section, "advice of counsel" means a determination by the custodian's selected attorney, or if the custodian is an attorney, upon the custodian's own diligent determination in his capacity as attorney.

Official source: Louisiana State Legislature. Reproduced from public-domain Louisiana statutes; confirm against the official source for the current text. Not legal advice.