Case law

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.”

Equal Employment Opportunity Commission v. Resources for Human Development, Inc.

827 F. Supp. 2d 688 · District Court, E.D. Louisiana · Dec 7, 2011

On the other hand, severe obesity, which has been defined as body weight more than 100% over the norm, is clearly an impairment. … Michele Vick, Harrison’s supervisor at Family House, noted that her “weight was clearly having an adverse impact on her ability to do her job.” (Rec. Doc. No. 19-7 at 5).

Towry v. United States

459 F. Supp. 101 · District Court, E.D. Louisiana · Jul 31, 1978

Sanders, supra, 430 U.S. at 104-05 , 97 S.Ct. at 984-85 , instructs us that the retention by Congress of a statute precluding review of agency action qualifies the grant of federal question subject matter jurisdiction effected … In its explicit abrogation of the defense of sovereign immunity in actions seeking equitable relief, the first new sentence of § 702 replaces the law of this Circuit established in Estrada v.

Duhon v. Board of Supervisors for Louisiana State University and Agricultural and Mechanical College

District Court, E.D. Louisiana · Apr 12, 2022

Whether Plaintiff Can Overcome Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory … immunity, he need only allege a deprivation of a right that is clearly established under the Constitution.

In Re Southern Scrap Material Co., LLC

713 F. Supp. 2d 568 · District Court, E.D. Louisiana · May 14, 2010

.”); 25 see also Frederick, 386 F.2d at 487 (considering the interplay between the doctrine of sovereign immunity and Rule 13 and observing that “[b]oth 13(a) and (b) are qualified by 13(d) in cases against the United States … Whether the FTCA Waiver of Immunity Applies Southern Scrap contends that its counterclaim clearly arises under the law of negligence and, as such, its claim falls under the waiver of immunity statutorily granted by the Federal

Von Derhaar v. Stalbert

District Court, E.D. Louisiana · Jul 24, 2025

“[O]rders are based on an issue of law when they concern only application of established legal principles, such as whether an official's conduct was objectively reasonable in light of clearly established law, to a given … Whether Watson is entitled to qualified immunity presents a serious legal question.

White v. St. Tammany Sheriff's Department

District Court, E.D. Louisiana · Mar 7, 2025

official’s allegedly wrongful conduct violated clearly established law.”37 However, when considering a qualified immunity defense, the court must still view the evidence in the light most favorable to the nonmoving party … To overcome a claim of qualified immunity, a plaintiff must demonstrate: (1) that the official violated a statutory or constitutional right; and (2) that the right was “clearly established” at the time of the challenged

Tyson v. Cazes

238 F. Supp. 937 · District Court, E.D. Louisiana · Feb 26, 1965

(But his complaint clearly alleges that “Plaintiff was told that they ‘do not serve colored people,’ and asked plaintiff to leave.”) … Should a proprietor wish to integrate his establishment, even though it is not one covered by Section 201, he may do so with immunity from state prosecution under any local law or ordinance prohibiting such integration because

Astoria Entertainment, Inc. v. Edwards

159 F. Supp. 2d 303 · District Court, E.D. Louisiana · Aug 22, 2001

To start, plaintiffs recital that the alleged bribery, extortion and corruption abrogate antitrust immunity is simply an attempt to end-run the Omni decision, which clearly holds that illegal actions do not remove a case … As such, Edwards is immune under Parker .

Brewer v. Slidell City

District Court, E.D. Louisiana · Jul 18, 2025

Zar does not overcome the defendants’ qualified immunity as the constitutional right at issue is not “clearly established”; (3) the failure to supervise and train its officers claims are not sufficient to state a claim … A state official is entitled to qualified immunity unless (1) the plaintiff alleged a violation of a constitutional right; and (2) that right was ‘clearly established’ at the time of the alleged violation.

Meyer v. Foti

720 F. Supp. 1234 · District Court, E.D. Louisiana · Jul 10, 1989

One of the most clearly established principles of American law is that absolute judicial immunity extends to all judicial acts which are not performed in the clear absence of all jurisdiction, 11 however erroneous the act … Moreover, Magistrate Wynne’s actions in cases pending before her are clearly subject to judicial immunity.

Parria

District Court, E.D. Louisiana · Aug 24, 2026

Qualified Immunity The JPSO Defendants invoke qualified immunity, which they contend immunizes them from Parria’s Section 1983 wrongful arrest and detention claim against … Forsyth, 472 U.S. 511, 526 (1985) (denial of qualified immunity is immediately appealable; a defendant’s entitlement to qualified immunity should be determined at the earliest possible stage of the litigation).

Levens v. Gaspard

District Court, E.D. Louisiana · Mar 10, 2023

law to defeat qualified immunity. … The qualified immunity defense has two prongs: (1) whether an official’s conduct violated a constitutional right of the plaintiff and (2) whether the right was clearly established at the time of the violation.

Walter v. New Orleans City

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

immunity defense if he . . . deliberately conceals exculpatory evidence, for such activity violates clearly established constitutional principles.”124 “[A] police officer violates clearly established constitutional … necessary for it to rule on O’Neal’s qualified immunity defense.

Jones v. Sassone

205 F. Supp. 2d 602 · District Court, E.D. Louisiana · May 30, 2002

Absolute immunity on the § 1983 equal protection claim Roberts and Paciera argue that they are entitled to absolute immunity in their individual capacities. … In response to a motion for a stay pending appeal, Judge Clement requested that the prosecutors brief two issues: whether petitioner met the Code 6 criteria and whether the defendants are entitled to qualified immunity.

Brown v. Burmaster

District Court, E.D. Louisiana · Mar 29, 2023

Qualified Immunity and § 1983 Claims For lawsuits brought against public officials under 42 U.S.C. § 1983, the Supreme Court has established the doctrine of qualified immunity. … Clearly Established Law It is clearly established law that the unreasonable shooting of a pet dog by a police officer is an unconstitutional seizure under the Fourth Amendment

Montgomery-Smith v. La. Dep't of Health & Hosps.

299 F. Supp. 3d 790 · District Court, E.D. Louisiana · Mar 1, 2018

have rendered the prior judgment; (3) the prior judgment must have been final and on the merits; and (4) the plaintiff must raise the same cause of action in both suits. 116 The first three elements of res judicata are clearly … Louisiana State University , "sovereign immunity bar[s] federal courts from hearing state law claims brought in federal court against state entities." 166 For the purpose of sovereign immunity, DHH, a Louisiana state agency

Tredell Smith v. New Orleans City et al.

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

of a clearly established law. … Thus, Shumpert demonstrates that the absence of a clearly established law provides another basis to conclude that qualified immunity applies to Smith’s claims. 2.

Disedare v. Brumfield

District Court, E.D. Louisiana · Mar 13, 2024

Thus, 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 … Plaintiff failed to satisfy his burden to overcome qualified immunity on his excessive force claim because he did not identify a clearly established Eighth Amendment right that protects him against the Defendant officers