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Current as of January 01, 2023 | Updated by Findlaw Staff
A. Definitions
For purposes of this Section:
(1) “Bona fide termination” means that the underlying proceeding is brought to a conclusion on the merits and all appeals are exhausted.
(2) “Department” means the Department of Public Safety and Corrections.
(3) “False imprisonment” means the unlawful detention of an offender by or on behalf of the department, including incarceration of an offender beyond the date the offender was legally required to be released from prison.
(4) “Offender” means a person convicted of a crime and sentenced to serve a term of imprisonment.
B. Civil actions
(1) Any civil action for damages based on claims of false imprisonment shall be governed by the terms and provisions of the Prison Litigation Reform Act, R.S. 15:1181 et seq.
(2) An offender challenging the computation or calculation of the offender's sentence, release date, good time date, or parole date shall pursue that claim pursuant to the provisions of R.S. 15:1171 et seq., including judicial review in the parish of East Baton Rouge in the Nineteenth Judicial District Court.
C. Threshold requirement of bona fide termination
(1) No civil action for damages based on claims of false imprisonment arising from the computation or calculation of the offender's sentence, release date, good time date, or parole date shall be brought against a sheriff, the department, or any officer or employee thereof, unless the offender first obtains a bona fide termination in the offender's favor in proceedings brought pursuant to the provisions of R.S. 15:1171 et seq., including judicial review.
(2) Any civil action for damages claiming false imprisonment brought while underlying proceedings seeking a bona fide termination are ongoing, but before a bona fide termination is obtained, shall be dismissed without prejudice.
(3) Any civil action for damages claiming false imprisonment brought after the offender fails to timely initiate or pursue the procedure required to challenge the computation or calculation of the offender's sentence, release date, good time date, or parole date shall be dismissed with prejudice.
Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 9, § 2800.30. Limitation of liability of a public entity for false imprisonment of an offender sentenced to a term of imprisonment - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-9-sect-2800-30/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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