SHREVEPORT COUNCILMAN GREEN CLAIMS IMMUNITY ON DEFAMATORY REMARKS
Shreveport Councilman James Green has been sued by this writer for defamation.
The city of Shreveport is paying his legal fees.
During a council meeting Green stated that I tried to seduce council member Tabatha Taylor, that I chased young, female reporters out of the council chambers regularly, and he encouraged advertisers in FOCUS SB/The Inquisitor to stop "sponsoring" my publication.
As expected, Green has denied all these remarks in pleadings filed by this city-paid attorney.
Of course, the video of the council meeting has every word uttered by Green trashing me recorded.
The icing on the cake is that Green has claimed immunity as an elected official for his remarks.
The statute cited (Louisiana Revised Statute 9:2781. 1 ) states in paragraph B:
"Liability shall not be imposed on public entities or their officers or employees based upon the exercise or performance or the failure to exercise or perform their policymaking or discretionary acts when such acts are within the course and scope of their lawful powers and duties."
Green will have the burden to prove that his trashing of this author at a council meetings was "within the course and scope of (his) lawful powers and duties.”
The immunity statute expressly excludes:
1. Acts not reasonably related to the legitimate governmental objective for which the policymaking or discretionary powers exits;
2. Acts which constitute fraudulent, malicious, intentional, willful, outrageous, reckless or flagrant misconduct.
Green was complaining of blogs and published opinions about his service as a councilman.
His remarks were, in effect, complaints about the free press and the constitutional right to comment on the actions/inactions of public officials.
How can he assert that his defamatory remarks were made in the course and scope of his job as a councilman?