Louisiana § RS 44:42 - Immunity from suit for invasion of privacy

Full text of Louisiana Louisiana Civil Code § RS 44:42 — Immunity from suit for invasion of privacy, with citation guidance and answers to common questions.

§ RS 44:42. Immunity from suit for invasion of privacy

            A. Any custodian who releases records in response to a public records request made pursuant to this Chapter shall be immune from any lawsuit for invasion of privacy alleged to be caused by the release of public records, provided the custodian acts on advice of counsel.

            B. This Section shall not apply if the release of the records is proven to be arbitrary and capricious.

            C. A custodian who claims the immunity provided by this Section shall be entitled to a presumption that his conduct was not arbitrary and capricious upon presenting a prima facie case of his reliance on advice of counsel.

            D. For purposes of this Section, "advice of counsel" means a determination by the custodian's selected attorney, or if the custodian is an attorney, upon the custodian's own diligent determination in his capacity as attorney.

            Acts 2022, No. 684, §1.

Source: official Louisiana text · Last verified 2026-08-27

Frequently Asked Questions About Louisiana § RS 44:42

What does Louisiana Civil Code § RS 44:42 cover?

Section RS 44:42 ("Immunity from suit for invasion of privacy") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Louisiana § RS 44:42?

A common citation format is "Louisiana Civil Code § RS 44:42" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Louisiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.

How does Louisiana § RS 44:42 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.