Louisiana Revised Statutes Tit. 9, § 2793.11. Limitation of liability for peace officers performing their duties; definitions; exceptions

(1) “Discretionary function” means any action or conduct of a peace officer, acting within the course and scope of his law enforcement duties, that includes exercising judgment in the enforcement of the criminal laws of the state including but not limited to arresting or attempting to arrest persons or carrying out any other duties or obligations imposed upon a peace officer in this state.

(2) “Peace officer” shall include all individuals as defined in R.S. 40:2402(3) and R.S. 14:112.4(B)(2).

(3) “Public entity” means the state or a political subdivision of the state that employs or appoints any peace officer as defined in this Subsection.

(1) The conduct or actions of the peace officer arise out of the performance of any discretionary function within the course and scope of the peace officer's law enforcement duties.

(2) The success of the claim necessarily implies the invalidity of a criminal conviction or sentence, unless the conviction or sentence has been invalidated through appropriate legal proceedings.

(1) Any act or omission of a peace officer which constitutes criminal, fraudulent, or intentional misconduct.

(2) Any private nongovernmental person or entity, including any private employer of a peace officer during that officer's off-duty hours.