Case law

Lambert v. RIVERBOAT GAMING ENFORC. DIV.

706 So. 2d 172 · Louisiana Court of Appeal · Dec 29, 1997

In support of their application, defendants contend that the trial court erred: (1) in ruling that defendants had established the qualified immunity defense, yet failing to grant their exception of no cause of action and … Accordingly, in Kyle , this court examined the pleadings to determine whether the plaintiff had set forth material facts therein which, if taken as true, showed that defendants had violated a clearly established right of

Amato v. Office of Com'r of Securities

644 So. 2d 412 · Louisiana Court of Appeal · Nov 15, 1994

The difference between absolute immunity and qualified immunity is at absolute immunity is a complete bar against suit for damages arising from a judge's conduct, while qualified immunity is an affirmative defense that protects … Thus, the majority was clearly wrong in holding that Stansbury was entitled to qualified immunity from liability for his actions under LSA-R.S. 9:2798.1.

Kyle v. Civil Service Com'n

588 So. 2d 1154 · Louisiana Court of Appeal · Jan 3, 1992

Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978). [4] However, we need not decide whether absolute immunity applies to the present factual situation since we find that the doctrine of qualified immunity is clearly … Considering the above cited principles, we now review the pleadings in this matter to determine whether the plaintiff has set forth material facts establishing that the defendants violated a clearly established right of which

Vincent v. State Through Dept. of Corrections

468 So. 2d 1329 · Louisiana Court of Appeal · Apr 16, 1985

Skinner examined an action brought pursuant to U.S.C. 42 § 1983, which permits government officials to raise a qualified immunity defense. … A plaintiff bringing forth a "1983 action" seeking damages for deprivation of statutory rights may overcome a defendant official's qualified immunity only by showing those rights were clearly established at the time of the

Christian v. Fontenot

672 So. 2d 436 · Louisiana Court of Appeal · Apr 8, 1996

To avoid the protection of qualified immunity on the basis that the right which *446 the official allegedly violated is "clearly established," the contours of the right must be sufficiently clear that a reasonable official … Plaintiffs would be able to convert the rule of qualified immunity that our cases clearly establish into a rule of virtually unqualified liability simply by alleging violation of extremely abstract rights. 483 U.S. at 639

Earl v. Gusman

228 So. 3d 268 · Louisiana Court of Appeal · Sep 27, 2017

Further, the court found that Earl |.Jailed to establish that Sheriff Gusman was not entitled to the application of the doctrines of qualified immunity or force majeure. This appeal follows. … Earl also argues that the trial court erred in applying the doctrine of qualified immunity. Louisiana Revised Statute 9:2798.1, provides in part; B.

Air Supply, Inc. v. Wahlder

9 La.App. 3 Cir. 107 · Louisiana Court of Appeal · Jun 10, 2009

. § 1983 , as defendants are entitled to absolute and qualified immunity. … We conclude that plaintiffs herein have failed to allege sufficient facts to assert that defendants violated a clearly established right of which a reasonable person would have known and, therefore, have failed to state a

Arledge v. Sherrill

738 So. 2d 1215 · Louisiana Court of Appeal · Aug 18, 1999

Additionally, a qualified immunity generally applies to most acts of government officials. 2 Id. In Harlow v. … [[Image here]] It should not be surprising, therefore, that our cases establish that the right the official is alleged to have violated must be “clearly established” in a more particularized, and hence more relevant, sense

Louisiana Farms v. LA. Dept. of Wildlife

685 So. 2d 1086 · Louisiana Court of Appeal · Oct 9, 1996

Qualified immunity shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Applying the foregoing principles to our qualified immunity analysis, the first question becomes whether the DWF officers' conduct in constructively seizing the Bartmess' entire farming operation violated "clearly established

Smith v. Our Lady of the Lake Hosp., Inc.

624 So. 2d 1239 · Louisiana Court of Appeal · Aug 31, 1993

forth criteria for application of the qualified immunity. … conditions. [7] Had the legislature of this state envisioned that there is but one criteria for the application of the qualified immunity, the language of the statute would have clearly reflected this intent.

Mayronne v. Vaught

94 La.App. 4 Cir. 2140 · Louisiana Court of Appeal · Apr 13, 1995

Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their Rconduct does not violate clearly established statutory or constitutional rights of which … Qualified immunity does not act as an absolute bar, but rather as a threshold over which a plaintiff must pass to continue litigation.

Keller v. McElveen

744 So. 2d 643 · Louisiana Court of Appeal · Jun 2, 1999

Pachtman, 424 U.S. 409 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976), the United States Supreme Court discussed the concept of prosecutorial immunity in the context of a 42 U.S.C. § 1983 suit and concluded that the well-established … Qualified immunity ‘“represents the norm’ ” for executive officers ... so when a prosecutor “functions as an administrator rather than as an officer of the court” he is entitled only to qualified immunity.

Tickle v. Ballay

259 So. 3d 435 · Louisiana Court of Appeal · Nov 14, 2018

In this regard, when "a prosecutor 'functions as an administrator rather than as an officer of the court' he is entitled only to qualified immunity." … As such, they clearly fall within the realm of prosecutorial immunity for activities intimately associated with the judicial phase of the criminal process. Mr.

Haab v. East Bank Consolidated Special Service Fire Protection District of Jefferson Parish

13 La.App. 5 Cir. 954 · Louisiana Court of Appeal · May 28, 2014

Unlike the absolute immunity provided to the Parish and its departments by the HSA, the HSA provides only qualified immunity to individual Parish employees during a specific emergency event, as no immunity is afforded for … As such, we find that the Parish and its departments, officials and employees are entitled to absolute and qualified immunity pursuant to the HAS, and qualified immunity pursuant to the DIS.

Taylor v. City of Shreveport

653 So. 2d 232 · Louisiana Court of Appeal · Apr 7, 1995

Further, the court found that the officers enjoyed qualified immunity because *236 their conduct did not violate a "clearly established statutory or constitutional principle which a reasonable person would have known." … . § 1983 insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v.

Suarez v. Derosier

241 So. 3d 1086 · Louisiana Court of Appeal · Mar 7, 2018

DeRosier submitted affidavits of his employees in support of absolute immunity. Prosecutors may have absolute immunity or qualified immunity depending upon their actions. … The trial court clearly noted absolute immunity was at issue and found that Defendants were entitled to summary judgment. However, Defense counsel's failure to provide discovery, claiming immunity applied, prevented Mr.

Delatte v. Genovese

228 So. 2d 252 · Louisiana Court of Appeal · Nov 17, 1969

Defendant asserted the judicial immunity conferred by Louisiana Constitution Art. VII, Secs. 70, 71 and 72, and the qualified personal immunity provided pursuant to LSA-R.S. 33 .T555 and LSA-R.S. 28:52. … In Burns, defendant asserted absolute immunity under La.Const. Art. VII, Secs. 70, 71 and 72, and also claimed qualified or conditional immunity.

Miller v. Village of Hornbeck

10 La.App. 3 Cir. 1539 · Louisiana Court of Appeal · May 11, 2011

UDISCUSSION Qualified Immunity and Excessive Force Defendants argue that the trial court legally erred in “ignoring and failing to apply qualified immunity in its assessment of liability.” … Our review of the record indicates that the trial court did not expressly discuss the issue of qualified immunity, but, implicitly, it did not find the officers were entitled to qualified immunity.

Hargrove v. Goods

953 So. 2d 968 · Louisiana Court of Appeal · Feb 28, 2007

Hargrove contends that the trial court erred in granting summary judgment finding that the firemen were entitled to qualified immunity under La. … Furthermore, there is no cause of action against the defendants as they have qualified immunity under La.

Julia Ellis, Individually and on behalf of Glindale Randolph (D) v. Minh Mai, M.D.

Louisiana Court of Appeal · Feb 26, 2025

Ellis argued that: (1) the statute is a qualified immunity provision that must be pled as an affirmative defense; (2) Dr. … clearly on the face of the pleadings.