P.R. Laws tit. 32, § 3081

2019-02-20 00:00:00+00
§ 3081. Claims and suits against the Commonwealth—Unauthorized activities

Nothing that is provided in §§ 3077-3092a of this title shall authorize suits for damages against the Commonwealth for any act or omission of an official, police officer or employee:

(a) In enforcing a law or regulation, even if the said law or regulation proves to be invalid.

(b) In the discharge of a function of a discretional nature, even when there has been an abuse of discretion.

(c) In the levying and collecting of taxes.

(d) Which constitutes assault, battery, or any other offense against the person, unlawful imprisonment, unlawful arrest, malicious persecution, slander, libel, defamation, misrepresentation, or imposture.

(e) Which occurred outside the territorial jurisdiction of the Commonwealth.

(f) In the performance of combat operations of the air, naval, or military forces in times of war, invasion, rebellion or any other emergency duly declared as such by the pertinent authorities. Provided, That the Commonwealth shall enjoy the same immunity granted by this section for combat operations of the air, naval, and military forces of Puerto Rico, specifically including, but without it being limited thereto, the Puerto Rico National Guard, when these forces are partially or entirely mobilized or used by the pertinent authorities to act in support of public security forces, specifically including, but not limited to, the Puerto Rico Police, in operations to fight crime and drug trafficking, or to maintain or reestablish public safety whenever it is jeopardized for any reason, including, but not limited to, crime and drug trafficking.

(g) In the performance of unofficial work by members of the police force, even though they are authorized by the Superintendent of Police; where the Commonwealth has not been negligent, pursuant to the powers conferred on him/her by § 3101 et seq. of Title 25.

History —June 29, 1955, No. 104, p. 550, § 6; July 31, 1993, No. 36, § 1; Dec. 10, 1999, No. 337, § 2.