Case law

Zaunbrecher ex rel. Father v. Martin

242 So. 3d 712 · Louisiana Court of Appeal · Mar 21, 2018

in qualified immunity statutes, immunity should not apply to the security guards in this case. … , it's not qualified as Mr.

Williams v. Harding

2012 La.App. 1 Cir. 1595 · Louisiana Court of Appeal · Apr 26, 2013

Williams’s claims, and that Trooper Harding and the State Police are entitled to qualified/discretionary immunity, pursuant to La. R.S. 9:2798.1. … Williams were to prevail, he will have established that his criminal convictions lack any basis. Jurisprudence clearly holds that civil suits are not allowed to collaterally attack previous criminal convictions.

Covington v. McNEESE STATE UNIVERSITY

996 So. 2d 667 · Louisiana Court of Appeal · Nov 5, 2008

XI immunity. McNeese's sole "argument" against waiver is that "McNeese does not waive its right to immunity under the Eleventh Amendment." … Shamieh's records clearly note that Covington, at times, suffers from memory dysfunction.

Moity v. Busch

368 So. 2d 1134 · Louisiana Court of Appeal · Mar 7, 1979

Busch was clearly qualified as an expert in these fields and was accepted as such by the district judge. While testifying in such capacity, Mr. … It is firmly established in this state that testimony given at a judicial proceeding by a non-litigant witness carries with it absolute immunity from a defamation suit stemming from the utterance of such testimony.

Martin v. State, Department of Public Safety & Corrections, Office of State Police

109 So. 3d 442 · Louisiana Court of Appeal · Jan 16, 2013

Qualified Privilege Alternatively, the state argues that publication of an errant comment regarding public affairs that was reasonably believed to be true is protected by qualified immunity under La. … We therefore conclude that the trial court erred as a matter of law in not applying the qualified privilege to the circumstances in this case, and it was clearly wrong in not finding that the plaintiff failed to show that

Doyle v. Lonesome Dev., Ltd. Liab. Co.

254 So. 3d 714 · Louisiana Court of Appeal · Jul 18, 2018

The Supreme Court held that immunity under La. R.S. 9:2791 clearly does not apply when the premises were used principally for a commercial recreational enterprise for profit. However, the Supreme Court found that La. … Once a defendant establishes that it was entitled to immunity under La. R.S. 9:2795, the burden of establishing a malicious or willful failure to warn of a dangerous condition shifts to the plaintiffs. Richard v.

Cooley v. Acadian Ambulance

2010 La.App. 4 Cir. 1229 · Louisiana Court of Appeal · May 4, 2011

Embry and his mother had qualified for an evacuation assistance program for disabled and homebound residents in the event of a hurricane or other catastrophic event. … The court stated: The Lafayette City-Parish Consolidated Government is clearly a political subdivision of the state, so that it is immunized from liability for injuries suffered by persons as a result of the City’s response

Porche v. City of New Orleans

523 So. 2d 2 · Louisiana Court of Appeal · Mar 10, 1988

This affidavit, which is clearly the original, was not signed by the plaintiff and was not notarized. … , as a matter of law, whether under the establishment (sic) facts the mover is entitled to the relief sought.

Varnado v. Department of Employment and Training

687 So. 2d 1013 · Louisiana Court of Appeal · Dec 30, 1996

actions assessed in light of clearly established law. … If the defendant shows that the state constitutional right alleged to have been violated was not clearly established, the defendant is entitled to qualified immunity.

Newsom v. Temple

66 So. 2d 357 · Louisiana Court of Appeal · Jun 30, 1953

court said: “As has been said before, Courts are loathe to thwart the result of an election-after the votes have been cast and fairly counted and will not act to change that result except for grave and sufficient reasons', clearly … In plaintiff’s brief it is urged that the trial court committed error in sustaining an objection offered by the attorney for defendant urging the attorney-client privilege and immunity when called upon to answer questions

State v. Harris

510 So. 2d 439 · Louisiana Court of Appeal · Jun 23, 1987

In the instant case, the trial court qualified state witness Linda Martin as an *447 expert in fingerprint identification. … Additionally, she had qualified as an expert about four times in district court and a few times in city court. We find no abuse of discretion by the sentencing court in qualifying her as an expert witness in this case.

Menard v. Louisiana Department of Health & Hospitals

11 La.App. 3 Cir. 1487 · Louisiana Court of Appeal · Apr 4, 2012

Poirrier and the DHH were not immune from liability, the doc *20 trine of qualified immunity shields them from liability. Qualified immunity protects government officials performing discretionary functions. McManus v. … Qualified immunity for discretionary acts of public entities and their employees is provided for in La.R.S. 9:2798.1: A.

Chivleatto v. Divinity

379 So. 2d 784 · Louisiana Court of Appeal · Dec 6, 1979

[Emphasis added] Unless a health care provider qualifies it is clearly not "covered," Everett v. … That is simply not the law; to the contrary, it is the defendant who must show that he is a covered health care provider, or that he enjoys any other immunity from suit.

Akins v. Jefferson Parish

529 So. 2d 27 · Louisiana Court of Appeal · Jun 7, 1988

In sum, a qualified immunity is only available to those officials who affirmatively assert the defense and prove that they were acting within the scope of their discretionary authority. Barker v. … This affirmative defense is unavailable to those who either act with malice or who contravene clearly established law. Procunier v. Navarette, supra ; Wood v.

Deumite v. State

692 So. 2d 1127 · Louisiana Court of Appeal · Apr 23, 1997

Clearly, under the plain wording, the Department of Natural Resources cannot use La. R.S. 9:2795 to urge immunity. … Clearly, the majority's broad application of the immunity granted under La. R.S. 9:2795(E) overlooks many well-established principles that prevent expansion of immunity in this case.

Rory T. White and Romaine L. White Individually and on Behalf of Their Minor Child, Richard White v. New Orleans Center for the Creative Arts

Louisiana Court of Appeal · Sep 25, 2019

This reporting is clearly mandated by the Louisiana Children’s Code articles 609(A)(1); 610. … Immunity for a Mandatory Reporter A mandatory reporter’s immunity is not absolute; however, it is qualified by the good faith requirement. See La. Ch.

Ambrose v. New Orleans Police Dept.

627 So. 2d 233 · Louisiana Court of Appeal · Nov 18, 1993

Also, prior to 1987, R.S. 40:1235(A) provided for qualified immunity for EMTs and the agencies employing those EMTs. … , and who gave instructions to EMTs through the establishment of protocols, would not enjoy that immunity.

Dickerson v. Kemp

540 So. 2d 467 · Louisiana Court of Appeal · Feb 28, 1989

We note that subsequent jurisprudence has acknowledged that when a prosecutor acts in an administrative or investigative capacity, he is entitled only to qualified immunity. Cribb v. … in order to establish a qualified privilege to a defamatory action the defendant must introduce evidence of good faith. [2] LSA-C.C.P. art. 1603 reads as follows: A motion for a continuance shall set forth the grounds upon

Williams v. State, ex rel. Department of Wildlife & Fisheries

95 La.App. 1 Cir. 2456 · Louisiana Court of Appeal · Nov 20, 1996

Inherent in this contention is plaintiffs’ recognition that La.R.S. 56:65 is a qualified immunity statute. … Accordingly, we must address the defendants’ entitlement to the qualified immunity granted by La.R.S. 56:65.

Theriot v. STATE, DEPT. OF WILDLIFE & FISHERIES

661 So. 2d 986 · Louisiana Court of Appeal · Apr 7, 1995

immunity." … First, although defendants did not specifically refer to La.R.S. 56:65 in their answer, they did assert that Matassa's actions were in good faith and that he was entitled to "qualified immunity."