On May 16, 2025, ten inmates escaped from the Orleans Parish Jail in New Orleans. Specifically, they escaped by breaking through a door and sliding through a hole in a wall behind a toilet. The escape went unnoticed for over seven hours. Importantly, as of May 21, five inmates remain at large.
This incident raises critical legal questions. Are prison authorities responsible when escaped inmates hurt members of the community? Under Louisiana tort law, victims may seek compensation from negligent parties. But when a prison inmate breaks out of jail, who is responsible if they hurt someone while on the run?
Background on the basics of Louisiana tort law.
In Louisiana, liability in a negligence case requires proof of five separate elements. (1) proof that the defendant had a duty to conform his conduct to a specific standard (the duty element); (2) proof that the defendant’s conduct failed to conform to the appropriate standard (the breach element); (3) proof that the defendant’s substandard conduct was a cause-in-fact of the plaintiff’s injuries (cause-in-fact element); (4) proof that the defendant’s conduct was a legal cause of the plaintiff’s injuries (scope of protection element); and (5) proof of damages (the damages element). This is the foundation for proving a negligence case.
Louisiana tort law related to jailbreaks.
Before anything else, an injury victim must prove there was a duty. In 1991, the Louisiana Supreme Court answered the question, deciding that prison authorities have a duty to prevent inmates from escaping. Additionally, that duty is intended to protect persons from being harmed by escaping inmates while they are in the process of escaping. Wilson v. State, dept. of Public Safety & Corr. Furthermore, the Court emphasized that the duty is not intended to protect people from harm inflicted by inmates who have already escaped, who then commit tortious acts in the furtherance of their own pursuits. Thus, the key question is whether the offense occurred during, or as an integral part of, the process of escaping.
Importantly, if the inmate has already successfully escaped when he injures somebody, and there is no evidence that the conduct has anything to do with furthering the escape, then the prison will not be responsible for those injuries. See Kite v. Rapides Par. Sheriff’s Dep’t, 2024-01351 (La. 02/28/25), 401 So. 3d 1262
Conclusion
In conclusion, the May 2025 jailbreak underscores the importance of proper jail management and security. Also, a thoughtful investigation will be necessary to determine if the inmate’s conduct was an “integral part of the process of escaping” or not. Finally, consulting a personal injury attorney is crucial to navigate these complex legal issues.
