Case law

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."

Callahan v. Circuit City Stores, Inc.

971 So. 2d 1116 · Louisiana Court of Appeal · Oct 10, 2007

Plaintiffs sought damages for defamation, false arrest, false imprisonment, and malicious prosecution. [2] Circuit City answered the petition asserting several affirmative defenses, including qualified immunity for those … APPLICABLE LEGAL PRECEPTS Liability and Qualified Immunity As stated above, all of Callahan and Cousan's claims for damages are based on *1119 the misidentification of them as perpetrators of a shoplifting at the Circuit

Long v. Northeast Soil Conservation Dist. of La.

72 So. 2d 543 · Louisiana Court of Appeal · Apr 22, 1954

This legislation is then accepted in the courts of the State as evidence of the waiver by the State of its ■ traditional and established immunity from suit. … the issue has been as clearly delineated or as forcefully presented as in the instant case.

Doe v. Grant

839 So. 2d 408 · Louisiana Court of Appeal · Jan 29, 2003

Our Lady of the Lake Hospital, 93-2512 (La.7/5/94), 639 So.2d 730 , the Supreme Court discussed the availability of qualified immunity from a defamation claim stemming from the peer review of a cardiologist whose hospital … The statute was amended in 1995 to extend qualified immunity to hospitals as well as individual committee members.

Tolis v. BD. OF SUP'RS OF LA. STATE UNIV. & AGR. & MECHANICAL COLLEGE

655 So. 2d 747 · Louisiana Court of Appeal · May 16, 1995

Further, a judgment based on qualified immunity is on the merits. … However, the record does not establish that the dismissal of all claims against all defendants was based on qualified immunity. Counsel suggested during oral argument that the summary judgment was based on prescription.

Rathey v. Priority EMS, Inc.

894 So. 2d 438 · Louisiana Court of Appeal · Jan 12, 2005

The Ratheys counter that the immunity statute does not grant EMTs a blanket immunity; rather, it grants them only a qualified immunity. … qualified immunity has been disputed; hence, the requirements must be addressed.

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

612 So. 2d 816 · Louisiana Court of Appeal · Dec 23, 1992

From the plain wording of the statute, there are two prerequisites for the qualified immunity set forth in LSA-R.S. 13:3715.3 C to apply. First, the committee member must have acted without malice. … In the instant case, a determination of whether defendants are entitled to the qualified immunity requires the trial court to determine the subjective motive and knowledge of the committee members.

Oliveaux v. St. Francis Medical Center

889 So. 2d 1264 · Louisiana Court of Appeal · Dec 15, 2004

He concedes that two statutes appear to confer qualified immunity. He contends, however, that the “discretionary act immunity” of La. … However, this record establishes substantial compliance with the Program Policy Manual, and no evidence that would remove CPS from the qualified immunity of the statutes.

John L. Renne v. the Board of Supervisors for the University of Louisiana System, University of New Orleans, Peter Fos and John Nicklow

Louisiana Court of Appeal · May 13, 2024

The trial court addressed the issue as follows: Finally, with respect to the claims of qualified immunity of the University of New Orleans officials of Fos and Hanson [sic], the qualified … immunity under the statute, Louisiana Revised Statute Title 9:2798.1 talks about the qualified immunity that’s alleged by these particular defendants.

Washington v. Gusman

2015 La.App. 4 Cir. 0177 · Louisiana Court of Appeal · Oct 14, 2015

. § 1983 liability; by failing to grant qualified immunity; and by assessing punitive damages. … qualified immunity on behalf of all Defendants with respect to Plaintiff’s constitutional claims.”

Zulli v. Coregis Ins. Co.

910 So. 2d 437 · Louisiana Court of Appeal · Jul 26, 2005

Charles Parish and qualifies for the limitation of liability in LSA-R.S. 9:2795. It is from this judgment that plaintiffs appeal. … They further assert that a "park" is clearly an area that provides recreational facilities. At trial, Monique Granier, who is the risk manager for St. Charles Parish, testified that the St.

Verdin v. LOUISIANA LAND AND EXPLOR.

693 So. 2d 162 · Louisiana Court of Appeal · Mar 12, 1997

Code § 2507, which requires the establishment of monumented corners on surveyed property. … The primary holding of Monteville is that the State is not entitled to the immunity established by the recreational use immunity statutes, because "the legislature intended to confer immunity only on owners of private lands

Moore v. Rice-Land Lumber Co.

14 La.App. 3 Cir. 500 · Louisiana Court of Appeal · Nov 5, 2014

Christy does not deny that Defendants would qualify for immunity under the recreational use statutes. … We also find in this case that the evidence clearly establishes that *664 neither Rice-Land nor H & H used this land principally as a commercial, recreational enterprise for profit.

Snell v. Stein

201 So. 2d 876 · Louisiana Court of Appeal · Sep 29, 1967

officers and employees when functioning in a governmental capacity, is clearly without merit * * *." … Parish Council, the Parish of Jefferson, its departments, agencies, districts and/or officers may have in connection with any immunity from suits established or provided for by the constitution or laws, past, present and

Hidalgo v. Wilson Certified Exp., Inc.

676 So. 2d 114 · Louisiana Court of Appeal · May 14, 1996

of a qualified health care provider. … This document establishes that Acadian was a qualified health care provider. Having proved this ultimate fact, it was unnecessary for Acadian to prove it was an "ambulance service." B.

Blackwell v. Blackwell

479 So. 2d 1085 · Louisiana Court of Appeal · Dec 18, 1985

Blackwell's claim of qualified immunity. To the contrary, the Sheriff of Sabine Parish testified that he advised him that this was a family matter. Mr. … The record is bare of any evidence that any attorneys or public officials advised him to file criminal charges; therefore, he is not entitled to qualified immunity.

Mitchell v. Villien

2008 La.App. 4 Cir. 1470 · Louisiana Court of Appeal · Aug 26, 2009

The qualified immunity protection applies whether the speaker is a private individual such as Dr. Villien, or the media. … Mitchell must meet to establish the abuse of privilege was clearly expressed in Kennedy .

Farria v. BONNE TERREBONNE OF HOUMA, INC.

476 So. 2d 474 · Louisiana Court of Appeal · Oct 8, 1985

An employer's immunity is based on the defense of qualified privilege, which requires that the communication be made in good faith regarding a subject in which the person communicating has an interest or in reference to which … Plaintiff clearly has a right of action, since she is the person allegedly defamed.

Batson v. South Louisiana Medical Center

727 So. 2d 613 · Louisiana Court of Appeal · Dec 28, 1998

Qualified health care provider status is not an affirmative defense. It is merely a limitation on liability. … According to the Court, in prohibiting immunity from liability as well as from suit, the framers of Article XII, Section 10(A) clearly intended that the state not be afforded substantive defenses, unavailable to private litigants

Labranche v. Fatty's, LLC

2010 La.App. 1 Cir. 0475 · Louisiana Court of Appeal · Oct 29, 2010

Furthermore, immunity statutes must be strictly construed against the party claiming the immunity. Weber , 93-0062 at 8, 635 So.2d at 193 . … Labranche clearly had no interest in judicially enforcing the right asserted against Super Stop. See La.Code Civ. P. art. 927 A(6).