Fields v. Lofton

I respectfully dissent from the decision reached by the majority. The summary judgment in favor of the City should be reversed on the basis of a viable constitutional challenge to La.R.S. 9:2798.1 and 33:4773.

Prior to 1995, La. Const, art. 12, § 10 read in pertinent part:

(C) Procedure; Judgments. The legislature shall provide a procedure for suits against the state, a state agency, or a political subdivision. It shall provide for the effect of a judgment, but no public property or public funds shall be subject to seizure....

The 1995 amendment added the following language to subsection (C) of…