Who was responsible for the actions of Lake Charles port district employees?

Plain-English summary

State Representative Daniel Flavin asked who could be responsible for acts of Lake Charles Harbor and Terminal District officials or employees. The Attorney General concluded that the district, as a political subdivision of Louisiana, was legally responsible for acts of its agents or employees.

The opinion cited the district's authority to hire agents and employees and a statute stating that the state was not liable for damage caused by an employee of a public officer of a political subdivision. It also said indemnity rights might exist under a separate statute, while the Legislature retained final appropriation authority.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the AG assign responsibility to the state or the port district?
It assigned legal responsibility for the district's agents and employees to the district, which the opinion identified as a state political subdivision.

Could an employee have indemnity rights?
The opinion said such rights might exist under La. R.S. 13:5108.1, subject to the Legislature's appropriation authority. It did not decide an individual indemnity claim.

What was the district's legal status in the opinion?
The AG identified it as a political subdivision of Louisiana under La. R.S. 34:201.

Background and statutory framework

The opinion cited La. R.S. 34:201 for the district's status and La. R.S. 34:204 for its authority to employ agents and staff. It then discussed La. R.S. 42:1441 on the state's nonliability for certain local public employees' acts and La. R.S. 13:5108.1 on possible indemnity. The available extract has no readable issue-date line, so the exact date is left blank.

Citations and references

• La. R.S. 34:201 (district political-subdivision status)
• La. R.S. 42:1441 (state nonliability provision cited in the opinion)
• La. R.S. 13:5108.1 (possible indemnity rights)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0176

Original opinion text

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DEPARTMENT OF JUSTICE
One American Place
301 Ma~n Street, Suite 600
CIVIL DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (225) 342-7013
FAX: (225) 342-2090
RICHARD P. JE¥OUB
70804-9005
ATTORNEY (3ENERAL

Opinion Number 02-0176

90-A Political Subdivisions - Officers, Agents & Employees La. R.S. 34:201
Honorable Daniel T. "Dan" Flavin La. R. S. 34:204 Louisiana State Representative La. R.S. 42:1441 La. R.S. 13:5108.1
District 36
P. O. Box 6027
The Lake Charles Harbor and Terminal District, as a political
subdivision of the state of Louisiana, is legally responsible for the
Lake Charles, LA 70606
actions of one of its agents or employees.

Dear Representative Flavin:

We received your request for an opinion regarding the Lake Charles Harbor and Terminal District (hereafter "District"). You specifically ask who may be responsible for the acts of officials or employees of the District.

Pursuant to La. R.S. 34:201, the Lake Charles Harbor and Terminal District is a political subdivision of the state. Further, the District has the authority, pursuant to La. R. S.
34:204, to contract with and employee attorneys, clerks, engineers, superintendents, stevedores, and other agents and employees, and fix their compensation and term of employment. La. R.S. 42:1441 provides that the state of Louisiana is not liable for any damage caused by an employee of a district attorney, coroner, assessor, sheriff, clerk of court, or public officer of a political subdivision.

Therefore, it is our opinion that the Lake Charles Harbor and Terminal District, as a political subdivision of the state of Louisiana, is legally responsible for the actions of one of its agents or employees. Additionally, pursuant to La. R.S. 13:5108.1, indemnity rights may exist in such a setting; however the Legislature retains the ultimate appropriation authority.

We trust that this adequately responds to your request. If you have any questions or comments please do not hesitate to contact our office.

With kindest regards,

Yours very truly,

RICHARD P. IEYOUB
Attorney General

TINA VICARI GRANT
Assistant Attorney General

RPI/TVG/dam