194 So. 3d 807
La. Ct. App.2016Background
- Herrera was a passenger in a delivery van whose driver, Armendariz, shot an LSP lieutenant during a traffic stop; the van fled and was later stopped; Herrera resisted orders and was removed at gunpoint and booked.
- Herrera was charged with accessory after the fact to attempted first-degree murder, detained 191 days, then pled no contest in exchange for time served and probation.
- Herrera sued multiple defendants and ultimately added the Louisiana State Police (LSP), alleging false imprisonment based on a faulty investigation and seeking damages.
- The LSP moved for summary judgment asserting statutory immunity under La. R.S. 9:2798.1 because its officers acted within their discretionary/policymaking duties and had probable cause.
- The trial court granted summary judgment for the LSP on the basis of statutory immunity; Herrera appealed. The appellate court affirmed, holding the LSP had probable cause and immunity applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether La. R.S. 9:2798.1 immunity applies to LSP’s investigation/arrest | Herrera: investigation is not a discretionary/policymaking act and immunity shouldn’t apply | LSP: arrest/detention were within lawful discretionary duties; statute bars liability | Immunity applies; summary judgment affirmed |
| Whether LSP acted outside statutory authority in arresting/detaining Herrera | Herrera: investigators ignored exculpatory evidence, manufactured inculpatory evidence, causing false imprisonment | LSP: facts (flight, shooting, resistance, admissions re: map/phone) gave probable cause for accessory charge | Court held LSP had probable cause; detention lawful |
| Whether LSP’s conduct was grossly negligent, reckless, malicious, or intentional (statutory exception to immunity) | Herrera: evidence raises genuine issues of material fact showing gross negligence/intentional misconduct | LSP: no evidence of conduct meeting statutory exceptions; actions related to peacekeeping and criminal investigation | Court found no genuine issue of material fact proving statutory exceptions; immunity stands |
| Whether LSP remained responsible for Herrera’s continued incarceration after booking | Herrera: LSP caused prolonged false imprisonment beyond investigation | LSP: confinement thereafter was maintained by prosecutors/jail authorities, not LSP | Court held LSP was no longer responsible once custody transferred; imprisonment lawful pending prosecution |
Key Cases Cited
- Brown v. Rougon, 552 So.2d 1052 (La. App. 1st Cir. 1989) (elements of false imprisonment)
- Kyle v. City of New Orleans, 353 So.2d 969 (La. 1977) (arrest under statutory authority precludes false imprisonment claim)
- O'Connor v. Hammond Police Dep't, 439 So.2d 558 (La. App. 1st Cir. 1983) (arrest without legal process constitutes false imprisonment)
- Fowler v. Roberts, 556 So.2d 1 (La. 1990) (two-step test previously applied to governmental immunity analysis)
- Gregor v. Argonaut Great Cent. Ins. Co., 851 So.2d 959 (La. 2003) (statutory immunity under La. R.S. 9:2798.1; clarification of discretionary-act analysis)
- Archon v. Union Pacific R.R., 657 So.2d 987 (La. 1995) (governmental liability when acts are not related to legitimate governmental objectives)
- Hines v. Garrett, 876 So.2d 764 (La. 2004) (summary judgment standards and intent/motive considerations)