State Supreme Courts Resource

5 Republicans, 2 Democrats

• LA. CONST. Art. I, § 20. No law shall subject any person to euthanasia, to torture, or to cruel, excessive, or unusual punishment. Full rights of citizenship shall be restored upon termination of state and federal supervision following conviction for any offense.

• Implied cause of action limited to right to privacy contained in Art. 1, § 5, La. Const (including unreasonable searches and seizures), with qualified immunity. See Moresi v. State Dep’t of Wildlife & Fisheries, 567 So.2d 1081, 1093 (La. 1990); Miller v. Village of Hornbeck, App. 3 Cir. (2011).

• La. R.S. 15:1184(A).
  • . . . (2) No prisoner suit shall assert a claim under state law until such administrative remedies as are available are exhausted. If a prisoner suit is filed in contravention of this Paragraph, the court shall dismiss the suit without prejudice. . . .
    • B. The court, on its own motion or on the motion of a party, shall dismiss any prisoner suit if the court is satisfied that the action is frivolous, is malicious, fails to state a cause of action, seeks monetary relief from a defendant who is immune from such relief, or fails to state a claim upon which relief can be granted. If the court makes a determination to dismiss the suit based on the content, or lack thereof, of the petition, the court may dismiss the underlying claim without first requiring the exhaustion of administrative remedies. The court, on its own motion, may raise an exception of improper venue and transfer the suit to a court of proper venue or dismiss the suit.
    • C. Any defendant may waive the right to reply to any civil action brought by a person confined in any prison or to any prisoner suit. Notwithstanding any other law or rule of procedure, such waiver shall not constitute an admission of the allegations contained in the petition or waive any affirmative defenses available to the defendant. No relief shall be granted to the plaintiff unless an answer has been filed. The court may require any defendant to answer a petition brought under this Section if it finds that the plaintiff has a reasonable opportunity to prevail on the merits.
  • . . . E. No prisoner suit may assert a claim under state law for mental or emotional injury suffered while in custody without a prior showing of physical injury. . . .

• Officials enjoy qualified immunity unless conduct violates clearly established law. Moresi v. State Through Dep’t of Wildlife & Fisheries, 567 So. 2d 1081, 1094 (La. 1990).