RÉSUMÉ DIGEST
ACT 168 (SB 151) 2016 Regular Session Claitor
Prior law provided that any party who files suit against any duly elected or appointed public
official of the state or of any of its agencies or political subdivisions for any matter arising
out of the performance of the duties of his office (other than matters pertaining to the
collection and payment of taxes and those cases where the plaintiff is seeking to compel the
defendant to comply with and apply the laws of this state relative to the registration of
voters), and who is unsuccessful in his demands, shall be liable to the public official for all
attorney fees incurred by the public official in the defense of the lawsuit or lawsuits.
Provided that the attorney fees shall be fixed by the court. Provided further that the
defendant public official shall have the right, by rule, to require the plaintiff to furnish bond
as in the case of bond for costs, to cover such attorney fees before proceeding with the trial.
However, in the case of Detraz v. Fontana, 416 So.2d 1291, 1296-97 (La. 1982), the
Louisiana Supreme Court held present law to be unconstitutional.
New law repeals unconstitutional provisions.
Effective August 1, 2016.
(Repeals R.S. 42:261(E))