The Louisiana Legislature recently passed a significant new state law that codifies qualified immunity for law enforcement officers, marking the first time this legal protection has been enshrined in the state’s civil law. House Bill 2 (HB2), which enacted R.S. 9:2793.11, was signed into law and became effective on April 29, 2024.

Qualified immunity is a legal immunity that shields officers from lawsuits for actions taken in the performance of their official duties, as long as those actions are considered legally reasonable and within the scope of their job. In creating this immunity, the United States Supreme Court intended qualified immunity to give state officials “breathing room to make reasonable, but mistaken judgments about open legal questions.” Ashcroft, 563 U. S. at 743. Qualified immunity exists to protect decisions that are unclear in the heat of the moment. Saucier v. Katz, 533 U.S. 194, 205 (2001); Graham v. Connor, 490 U.S. 386, 397 (1989)).

The new law formalizes qualified immunity into Louisiana law, offering officers protection from civil lawsuits under state law, unless their actions involve criminal, fraudulent, or intentional misconduct. This protection means that if an officer is performing their job in good faith and within reasonable bounds, they cannot be responsible for alleged damages.

The law outlines specific exceptions where immunity does not apply. These include criminal, fraudulent, or intentional misconduct by a peace officer, as well as actions by a private, nongovernmental person or entity, including private employers of off-duty officers.

As HB2 takes effect, it represents a significant shift in how law enforcement officers are protected under Louisiana law. It will be essential for attorneys in this field to observe how courts interpret and apply the new law.