Case law

Moyers

District Court, E.D. Louisiana · Mar 31, 2026

by establishing a genuine issue of fact as to whether the official’s allegedly wrongful conduct violated clearly established law.43 Qualified immunity “gives government officials breathing room … qualified immunity analysis—whether the right was clearly established.76 Nonetheless, to provide a complete analysis of the qualified immunity issues presented in this action, the Court will assume for the sake

Brower

District Court, E.D. Louisiana · Aug 18, 2026

Qualified immunity shields government officials from individual liability for performing discretionary functions, unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … Accordingly, the Fifth Circuit “has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to ascertain the availability of that

In Re Katrina Canal Breaches Consolidated Litigation

629 F. Supp. 2d 601 · District Court, E.D. Louisiana · May 7, 2009

Plaintiffs urge that even if challenged acts of the SWB qualify as “discretionary acts” under the immunity statute, that the statute does not immunize the SWB from liability because the challenged acts all occurred prior … . *610 1990)(on rehearing), the Louisiana Supreme Court concluded that “[t]he discretionary function exception to state governmental liability established by [La.Rev.

Porter v. Lemire

District Court, E.D. Louisiana · Nov 8, 2024

was objectively unreasonable in the light of that then clearly established law.”106 Each defendant’s actions must be considered separately.107 While the plaintiff bears the burden of negating the defense of qualified … be put on notice that their conduct is unlawful.’”111 “The court’s focus, for purposes of the ‘clearly established’ analysis should be on ‘fair warning’: qualified immunity is unavailable ‘despite notable factual

Ratliff v. Home Depot Corporation

District Court, E.D. Louisiana · Jun 6, 2025

violates a clearly established federal statutory or constitutional right. … Ratliff fails to point to any evidence indicating that Delaune’s use of force was clearly excessive and thus in violation of a clearly established constitutional right.

State of Louisiana Ex Rel. Purkey v. Ciolino

393 F. Supp. 102 · District Court, E.D. Louisiana · Apr 17, 1975

Assuming for the moment that factors such as personal involvement or respondeat superior can be established, the law is clear that individuals serving in those capacities are entitled to certain qualified immunities from … Where no cause of action was established or alleged under section 1985, a derivative action under section 1986 cannot be maintained. Johnston v. National Broadcasting Co., Inc., 356 F.Supp. 904 (E.D.N.Y.1973); Post v.

Von Derhaar v. Stalbert

District Court, E.D. Louisiana · Jul 17, 2025

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … A plaintiff seeking to show that the qualified immunity defense is not available must show: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time

Robicheaux v. Caldwell

986 F. Supp. 2d 749 · District Court, E.D. Louisiana · Nov 27, 2013

United Way of Greater Houston, 607 F.3d 413, 419 (5th Cir.2010) (“[A] motion to alter or amend the judgment under Rule 59(e) ‘must clearly establish either a manifest error of law or fact or must present newly discovered … established that he could not reasonably have raised the new matter prior to the trial court’s merits ruling.’”

Victoria W. v. Larpenter

205 F. Supp. 2d 580 · District Court, E.D. Louisiana · May 21, 2002

Judge Porteous concluded that Plaintiffs right to a non-therapeutic abortion while incarcerated was not clearly established under either the Fourteenth or Eighth Amendments thereby entitling defendants to qualified immunity … However, Judge Porteous did note that the fact that a right is not clearly established for purposes of the qualified immunity analysis does not preclude a finding that the conduct at issue was in fact unconstitutional.

Kidder v. H & B MARINE, INC.

734 F. Supp. 724 · District Court, E.D. Louisiana · Mar 23, 1990

ERISA defines an “employee welfare benefit plan” as: any plan, fund or program ... established or maintained by an employer ... to the extent that such plan, fund or program was established or is maintained for the purpose … Kidder from HB Construction constituted a “qualifying event” under COBRA, 29 U.S.C. 1163(2), and that Thelma Kidder was a “qualified beneficiary” under COBRA. Id. at 1167(3)(A)(i).

Ramos v. State of Louisiana

District Court, E.D. Louisiana · Dec 9, 2020

This requirement establishes a high bar.”68 When there is no controlling authority specifically prohibiting a defendant’s conduct, the law is not clearly established for the purposes of defeating qualified immunity … Because Plaintiff fails to allege a constitutional violation of a clearly established right, Plaintiff falls short in overcoming Defendants’ defense of qualified immunity.

Shaffer v. Commissioner

515 F. Supp. 748 · District Court, E.D. Louisiana · Jun 11, 1981

THE ACTION IS BARRED BY THE DOCTRINE OF SOVEREIGN IMMUNITY. … The Court cannot find, under the most liberal view of the law and the facts commanded by Enochs, that the United States cannot establish its claim.

Hartman v. Lafourche Parish Hospital

262 F. Supp. 3d 391 · District Court, E.D. Louisiana · Aug 8, 2017

However, they seek to reserve the right to challenge Plaintiffs ability to establish a prime facie case on her claims “because she is unable to demonstrate that she was qualified for her job in light of her poor work performance … (B) For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder,

Oakbrook Village Associates v. Cisneros

25 F. Supp. 2d 730 · District Court, E.D. Louisiana · Sep 30, 1998

Thus, even though Oakbrook’s claims under § 3712 clearly present a federal question in support of subject matter jurisdiction under 28 U.S.C. § 1331 , waiver of sovereign immunity is a prerequisite to assuming jurisdiction … For these reasons, the holding in Bowen that the State’s claim was not one for money damages does not establish a widely applicable general rule.

O'DWYER v. Louisiana

582 F. Supp. 2d 789 · District Court, E.D. Louisiana · Sep 25, 2008

The plaintiff argues that the State of Louisiana, the LDPSC and the Louisiana Department of Justice are not appellants because only Nelson and Ivey have alleged qualified immunity on appeal. … Without some clear legal authority, the Court finds that it is unjust for all parties to enjoy the benefits of the stay for those claiming qualified immunity.

Heyn v. Board of Supervisors of Louisiana State University

417 F. Supp. 603 · District Court, E.D. Louisiana · Jul 26, 1976

With a purpose of depriving the plaintiff of equal protection of the law or equal privileges or immunities under the law, 3. … Additionally, Plaintiff has failed to establish a class which is a proper beneficiary of the protections conferred by Section 1985.

Morse v. Belsom

713 F. Supp. 200 · District Court, E.D. Louisiana · May 16, 1989

I find that Woodfork’s actions in refusing to reinstate the plaintiff were clearly protected by the superintendent’s qualified immunity. See Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … In Harlow , the court held that “[Government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or

Chatman v. Plaquemines Parish Government

District Court, E.D. Louisiana · Jan 22, 2025

clearly established constitutional rights of which a reasonable person would have known.” … enjoys qualified immunity from the Section 1983 claim.

Shorts

District Court, E.D. Louisiana · Aug 10, 2026

To carry his burden to overcome defendants’ qualified immunity defense here, Shorts “must show: (1) that the [defendants] violated a statutory or constitutional right, and (2) that the right was clearly established at … Even where force is excessive, qualified immunity will apply “when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Matthews v. Lo

District Court, E.D. Louisiana · Apr 16, 2024

To carry his burden to overcome Defendants’ qualified immunity defense here, Matthews “must show: (1) that the [Defendants] violated a statutory or constitutional right, and (2) that the right was clearly established … of clearly established law.”