Louisiana
More child abuse victims can sue after Louisiana Supreme Court reversal • Louisiana Illuminator
Adults abused as children decades ago will be able to sue over the mistreatment under a Louisiana Supreme Court ruling released Wednesday.
Justices overturned their decision from March that declared a “lookback window” for lawsuits over older child abuse allegations unconstitutional. Now such cases can move forward.
The new ruling likely creates greater liability for the Catholic Church and other organizations accused of systemic child exploitation over decades. It could also affect individual schools, summer camps and other institutions that tolerated misconduct toward minors.
“I am thankful that the Court saw the error in its original opinion and was willing to reconsider this matter and find the Lookback Window to be constitutional,” Frank Lamothe, a New Orleans attorney who represents child abuse survivors in lawsuits against the Catholic Church, said in a written statement. “This is a victory for the survivors of child sex abuse.”
The court’s change of heart is also a political victory for Attorney General Liz Murrill, who put the justices under public pressure to reconsider the initial ruling. In April, she asked for a rehearing on the issue.
“These child victims of sexual abuse deserve their day in court,” Murrill said in a written statement Wednesday after the new ruling. “It’s very rare for the Supreme Court to grant rehearing and reverse itself. I’m grateful to the Court for giving such careful attention to an issue that is so deeply troubling and personal for so many victims of abuse.”
A case brought against the Catholic Diocese of Lafayette led to the justices’ ruling. A group of plaintiffs sued over alleged abuse at the hands of a priest in the 1970s. The diocese maintained the accusations were too old to be pursued.
The Legislature voted in 2021 to let adult survivors of child abuse file claims for damages for three years — from June 14, 2021 to June 14, 2024 — if the deadline to do so had previously expired.
This was expected to allow people abused prior to the early 1990s, but who had never come forward with a legal challenge, to do so.
The Lafayette diocese pushed back on the law, saying legislators never intended to allow old allegations dating back to the 1970s to be examined. They also argued allowing older accusations to come forward would be a violation of due process, because witnesses and documents related to abuse claims might longer be available.
The Legislature disagreed. It unanimously passed a clarifying law in 2022, stating its intent to allow for civil lawsuits over decades-old abuse. Earlier this year, lawmakers also unanimously approved a resolution, sent to each Supreme Court justice, restating their desire to see older abuse allegations be brought forward in court.
In the ruling released Wednesday, justices writing for the majority acknowledged as much.
“[T]he conclusion is unassailable: the legislature intended retroactive application of the law,” Chief Justice John Weimer said in his opinion.
Weimer also agreed with the lawmakers’ reasoning for establishing a three-year lookback period. Many victims take years to come to terms with their mistreatment as youth.
“Child sexual abuse is a unique tort in which the average victim does not come forward until they are 52 years old,” Weimer wrote. “For many victims of child sexual abuse, the revival provision represents their first and only opportunity to bring suit. Providing that opportunity to those victims is a legitimate legislative purpose.”
Justices Weimer, John Crain and Jay McCallum voted in favor of upholding the lookback window twice, in March and this week. Justices Scott Crichton and Piper Griffin reversed themselves, initially throwing out the lookback period in March but voting to reinstate it this week.
Justices James Genovese and Jeff Hughes opposed the lookback window both times, saying the Legislature was overstepping its bounds by passing the law.
“I am very concerned about this majority ruling on rehearing granting unbridled authority to the legislature to enact legislation which supersedes and tramples our constitution,” Genovese wrote.
The confusion over the 2021 law prompted the Legislature to make yet another legal change this year. Last month, they unanimously passed an extension to the lookback window, which will allow abuse survivors to file lawsuits until June 14, 2027.
Advocates for child abuse victims said some people have held back on filing lawsuits while the court deliberated whether the lookback period would stand.
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Louisiana ranks among the top 10 most affordable states to retire, according to a new study from Retirement Living, a national journal of retirement research.
Researchers analyzed each state’s housing costs, living expenses and tax friendliness to compile the ranking. Louisiana, they say, is the eighth most affordable state for retirees.
In Louisiana, the median monthly rent for a one-bedroom apartment is $932, the median home sale price is $255,000, monthly grocery spend per capita is $272, the average price per gallon of regular gas is $4, the average Medicare Advantage monthly premium is $13.35 and the average effective property tax rate is 0.55%.
West Virginia is the most affordable state to retire, followed by Mississippi, Alabama, Oklahoma, Arkansas, Kentucky, Missouri, Louisiana, Indiana and Kansas. Researchers describe the South as “the sweet spot for an affordable retirement.”
The most expensive state to retire, meanwhile, is California, followed by Hawaii, Washington, Oregon, Colorado, New Jersey, Massachusetts, Utah, New York and Minnesota.
Read Retirement Living’s full report here.
BATON ROUGE, La. (WAFB) – With hurricane season approaching, the Louisiana Coastal Protection and Restoration Authority is bringing the community together to prepare before a storm forms.
“We can’t stop disasters from happening. We can’t stop hurricanes from happening. But what we can do is equip our communities with the resources that they need to prepare for these storms ahead of time,” said Jayda Morris, CPRA outreach manager.
The agency hosted an event featuring interactive storm simulations and a full model of the Mississippi River.
“If you do it now, like on a sunny day like today, you’re ready to go for the rest of the season,” Jay Grymes said.
El Niño may reduce storms, but Louisiana still at risk
State Climatologist Jay Grymes said an El Niño pattern may reduce the number of storms in the Atlantic but warned against a false sense of security.
“In those 25 years, Louisiana, some part of the state has been impacted by 29 storms. That’s one a year, regardless of El Niño. So that should tell you something,” Grymes said.
He said the bigger concern is storms that can form in the Gulf with little warning.
“If we’re going to get a storm, it very possibly could be one that bubbles up in the Gulf and doesn’t give us five or seven days to track it coming our way. It gives us 40 hours to get ready for a landfall. So it’s imperative that you go ahead and do it now,” Grymes said.
Preparation goes beyond stocking water
Preparing now includes walking through yards, checking trees, and knowing whether everyone in the family can survive two weeks without power.
PhD students with the LSU College of the Coast and Environment gave the community a virtual reality experience that puts users inside a storm.
“If they wear the goggles or play with the Apple Vision Pro, they can understand how high will the flood be, and they can know how dangerous is the hurricane scenario,” said Yixuan Wang.
The VR simulation uses real historical data to show users what compound flooding looks like in New Orleans and surrounding areas. The goal is to make the science real for people who can’t picture what a flood map means.
“It’s just to let you understand the environment. We will add the audios, the different sound of the wind and the storm. And you can see how tense of the rainfall around you,” Wang said.
Organizers said the event is about making sure that when a storm threatens the area, families already know their plan.
Information from the event is available on CPRA’s website. Hurricane season runs through Nov. 30.
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BATON ROUGE, La. (WAFB) – Louisiana homeowners can get financial help to upgrade their roofs and ensure they can better stand up to strong storms.
According to the Louisiana Department of Insurance, registration for next Louisiana Fortify Homes Program lottery opens at 8 a.m. on Monday, June 1. The registration period will stay open through 5 p.m. on Friday, June 19.
Under the latest round of the program, 3,000 grants of up to $10,000 will go out. After applying, homeowners will get placed into a lottery and will be randomly selected.
There are many specific benefits of having a roof upgraded through the Louisiana Fortify Homes Program. Officials said the roofs have stronger shingles that can protect against hail up to two inches wide, sealed roof decks to help prevent water damage, and stronger edges to keep wind from getting underneath.
Homeowners with a fortified roof can also get a certificate to receive a discount on insurance premiums.
“At the end of the day, this program is about more than just roofs,” said Louisiana Insurance Commissioner Tim Temple. “It is about protecting families, it is about strengthening communities, and it is about putting Louisiana in a stronger position—both physically and economically—to face the challenges ahead.”
Only people living in Ascension Parish, Livingston Parish, Assumption Parish, Tangipahoa Parish, Acadia Parish, Calcasieu Parish, Cameron Parish, Iberia Parish, Jefferson Parish, Jefferson Davis Parish, Lafayette Parish, Lafourche Parish, Orleans Parish, Plaquemines Parish, St. Bernard Parish, St. Charles Parish, St. James Parish, St. John the Baptist Parish, St. Martin Parish, St. Mary Parish, St. Tammany Parish, Terrebonne Parish, and Vermilion Parish are eligible to apply for the latest round of the program.
People living in a newly built home, mobile home, or condominium are not qualified.
For a detailed list of eligibility requirements, click here.
If a person registered for the program previously, he or she must do so again. The person will also need to provide the following information:
- A homestead exemption on the primary residence.
- A policy of insurance that provides wind coverage for the primary residence.
- A flood insurance policy on the primary residence if it is in a special flood hazard area.
For more information about applying, click here.
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