Sarasino v. State ex rel. Department of Public Safety & Corrections
215 So. 3d 923
La. Ct. App.2017Background
- Maria Ibanez Sarasino was shot and killed by Miguel Rojas on Sept. 27, 1999; Rojas had been on parole after an attempted murder conviction and had previously lived with the family.
- Rojas allegedly threatened Sarasino family members in early Sept. 1999; Kenner PD and Jefferson Parish Sheriff’s Office (JPSO) received reports and conducted limited investigatory steps; a Kenner arrest warrant for firearms offenses was obtained Sept. 23, 1999.
- Plaintiffs (family members and estate) sued multiple defendants, including Jefferson Parish Sheriff (Normand), alleging negligence for failing to protect Mrs. Sarasino and failing to timely arrest Rojas.
- Sheriff moved for summary judgment arguing plaintiffs lacked factual proof of causation/breach and asserting statutory immunity under La. R.S. 9:2798.1 for discretionary/policymaking acts.
- Trial court granted summary judgment based on statutory immunity; on de novo review the appellate court affirmed, holding the Sheriff’s resource-allocation and investigatory choices were discretionary and immune, and plaintiffs failed to show disputed material facts on the arrest-timing claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sheriff’s decision not to provide protective measures (e.g., 24-hour guard) was actionable | Sheriff negligently failed to protect Mrs. Sarasino despite knowledge of threats and parolee danger | Decision to allocate personnel/resources is discretionary and involves social/economic policy, thus immune under La. R.S. 9:2798.1 | Court held protection decision was discretionary/policymaking and immune; claim dismissed |
| Whether Sheriff’s alleged failure to timely execute an arrest warrant for Rojas was operational (no immunity) or discretionary (immune) | Sheriff failed to timely arrest despite warrant and knowledge of threats; earlier arrest would have prevented death | Execution depended on locating Rojas and allocating investigative resources — discretionary decisions shielded by La. R.S. 9:2798.1; plaintiffs offered no evidence of notice of Kenner’s warrant or an appropriate timeframe | Court held arrest/execution decisions were discretionary and immune; plaintiffs failed to show disputed material facts |
| Whether genuine issues of material fact preclude summary judgment | Plaintiffs point to investigative omissions and dispute reasonableness of JPSO actions | Sheriff points to lack of evidentiary support for causation, timing, or breach; movant met summary-judgment burden | Court found no genuine issue of material fact and affirmed summary judgment for Sheriff |
Key Cases Cited
- Hardy v. Bowie, 744 So.2d 606 (La. 1999) (discusses when police acts are discretionary vs. operational under La. R.S. 9:2798.1)
- Fowler v. Roberts, 556 So.2d 1 (La. 1989) (on rehearing) (applies Berkovitz two-step test for discretionary-function immunity)
- Berkovitz v. United States, 486 U.S. 531 (U.S. 1988) (establishes two-step test distinguishing discretionary policymaking from mandated conduct)
- Schexnayder v. Wilson, 427 So.2d 457 (La. App. 5 Cir.) (duty to execute arrest warrant within a reasonable and practicable time)