55 So. 3d 1007
La. Ct. App.2011Background
- On August 10, 2002, a CI reported Darrel received marijuana at 113 Doris Street, New Iberia.
- Davis relayed the CI information to Adcock, who prepared an affidavit for a search warrant.
- Judge Comeaux signed the search warrant based on the affidavit.
- Police executed the warrant at 113 Doris Street; no drugs were found and Darrel was not present.
- Mr. Hebert claims injury to his toe and property damage during entry into his home.
- Hebert sued City of New Iberia, Adcock, and Davis, asserting negligence and seeking damages; defendants asserted La.R.S. 9:2798.1 immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Davis' entry negligent? | Hebert: entry breached duty of reasonableness causing injury. | Davis: immunity or reasonable entry; no liability. | Davis negligent for entry; Adcock not liable. |
| Is Adcock liable for the foot injury? | Hebert: Adcock contributed to unlawful entry and injuries. | Adcock had no fault or liability for injuries. | Adcock not liable; no fault proven. |
| Does 9:2798.1 immunize acts at the operational level? | Immunity does not shield operational fault. | Immunity protects officials from liability for discretionary acts. | 9:2798.1 does not immunize operational-level negligence; it preserves only policymaking/discretionary immunity. |
| Was the warrant issuance proximate cause of injury? | Fault lies in warrant procurement leading to entry-related injuries. | Warrant issuance was proper; focus is on execution. | proximate cause was the execution, not the warrant procurement; only Adcock liability for procurement reversed. |
Key Cases Cited
- Saine v. City of Scott, 819 So.2d 496 (La.App. 3 Cir. 2002) (immunity limited to policy-making level; operational fault not shielded)
- Rick v. State, Dept. of Transp. and Dev., 630 So.2d 1271 (La.1994) (discretionary acts—policy-based decisions; two-step test for applicability)
- Fowler v. Roberts, 556 So.2d 1 (La.1989) (policymaking immunity limits at policy level, not operational acts)
- Goings v. State Through Dep't of Pub. Safety and Corrs., 648 So.2d 884 (La.1995) (appellate review of factual findings; reasonableness standard)
- Arceneaux v. Domingue, 365 So.2d 1330 (La.1978) (standard for appellate review of fact findings)
- Berkovitz v. United States, 486 U.S. 531 (U.S. 1988) (limits of sovereign immunity and officer liability in warrants context)