Opinion
No. 82-C-0156.
February 19, 1982.
In Re: De Laureal Engineers, Inc., applying for Certiorari, or writ of Review to the Court of Appeal, Fourth Circuit, No. 12,049, St. Charles Parish.
Denied.
DENNIS, J., concurs and assigns reasons.
LEMMONS, J., would grant the writ.
I respectfully concur in denial of this writ.
The anomalous result of allowing suit and liability but providing no coercive means to enforce judgments will remain until the legislature invokes its powers to "provide for the effect of a judgment" against government units and devises a mechanism to force agencies and subdivisions of the state to comply with judgments against them. See La.Const. art. 12, § 10(C). However, relief may be available to unsatisfied judgment creditors for violations of due process or equal protection. Hargrave, Work of Appellate Courts-1978—78 — Louisiana Constitutional Law, 39 La.L.Rev. 807, 819 (1979). See 42 U.S.C. § 1983 (1974). See also Monell v. New York City Dept. of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) which permits actions against municipal governments under § 1983.