Cops and gun owners could get immunity from most wrongful death lawsuits

Police officers and gun owners with permits to carry concealed weapons could soon get new immunity from most lawsuits if they shoot or kill someone based on separate proposals that advanced Tuesday in the Louisiana Legislature. 

The proposals are part of Gov. Jeff Landry’s agenda for a special legislative session on crime. 

Senate Bill 2, sponsored by Sen. Blake Miguez, R-New Iberia, cleared the Senate Judiciary B Committee in a 4-3 vote and will head to the full chamber for a vote. His proposal gives concealed carry license holders a level of qualified immunity currently reserved for law enforcement and other government agents. 

Qualified immunity protects police officers and other public employees from civil liability, making it extremely difficult to sue them even when they injure or kill someone or violate certain laws or an individual’s rights. 

Under Miguez’s proposal, immunity would apply to private citizens who hold concealed carry permits except in cases of gross negligence, intentional misconduct or the commission of a crime that results in a felony conviction. 

Members of the Louisiana Legislative Black Caucus spoke against the bill, saying most studies on the issue show the proliferation of guns has led to more crime. 

Sen. Royce Duplessis, D-New Orleans, asked in committee why concealed carry permit holders deserve a special type of immunity not given to other citizens. In response, Miguez said because they are “exercising a natural God-given right.” 

A separate proposal, House Bill 2, sponsored by Rep. Tony Bacala, R-Priarieville, would codify and expand the qualified immunity protections for law enforcement in Louisiana. 

The bill would render all certified peace officers and law enforcement agencies immune from lawsuits except in cases of criminal, fraudulent or intentional misconduct. It also would not apply to acts committed during off-duty hours. But officers would be immune from liability even if they severely injure or kill someone through a negligent or reckless act. 

La. Republicans block qualified immunity bill, setting aside months of bipartisan work

Rep. Chad Brown, D-Plaquemine, noted Bacala’s legislation would remove the exception of gross negligence, which is currently a common way to overcome a qualified immunity defense. 

“You’re gonna have to prove someone intended the consequences of his act,” Brown said, implying that is an extremely difficult task.

He also pointed out that it would place civil law judges in the position of having to determine if a police officer committed a criminal offense. Civil law uses a lower burden of proof than criminal law. 

Bacala said that’s not necessarily a big issue. 

“A judge can still look at it and determine whether a crime was committed even if the officer isn’t charged with a crime,” he said.

Bacala also noted the bill wouldn’t impact claims filed in federal court, where most police brutality lawsuits are litigated. 

His bill cleared the House Committee on Civil Law and Procedure without objection and will next head to the full chamber for a floor vote.