Case law

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  • Boyd v. Kirkpatrick

    District Court, E.D. Louisiana · May 14, 2025

    Qualified Immunity Qualified immunity (as distinct from absolute immunity) “provides ample protection to all but the plainly incompetent or those who knowingly violate the … The defense “provides government officials with immunity from suit ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”

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  • 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.

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  • Perez v. City of New Orleans

    173 F. Supp. 3d 337 · District Court, E.D. Louisiana · Mar 24, 2016

    Further, Defendants assert that Serpas is entitled to qualified immunity. … have established a qualifying work period.”

    Cited 4 timesPublished
  • 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

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  • George A. Fuller Company v. Coastal Plains, Inc.

    290 F. Supp. 911 · District Court, E.D. Louisiana · Oct 14, 1968

    police protection for the wharves, to finance, build and operate locks, canals and wharehouse elevators, to charge, for the use of the wharves and its facilities, fees, rates, tariffs or other charges that the Dock Board may establish … Even the possession of sovereign immunity would not preclude our finding set out above that the Dock Board has a status and is an entity to qualify it as a citizen for diversity of citizenship jurisdiction. 5 Finally, it

    Cited 10 timesPublished
  • Doe v. Merritt Hospitality, LLC

    353 F. Supp. 3d 472 · District Court, E.D. Louisiana · Dec 18, 2018

    Also, "the EEOC investigation clearly encompassed" a claim stated only in the intake questionnaire, because that claim was referenced in the defendant's position statement. Id. … To establish a prima facie discrimination claim under the ADA, a plaintiff must prove: (1) that he has a disability, or was regarded as disabled; (2) that he was qualified for the job; and (3) that he was subject to an adverse

    Cited 7 timesPublished
  • Anders

    District Court, E.D. Louisiana · Oct 29, 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 person … This requirement establishes a high bar.”187 When there is no controlling authority specifically prohibiting a defendant’s conduct, the law is not clearly established for the purposes of defeating qualified

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  • Traweek v. Gusman

    District Court, E.D. Louisiana · Jan 20, 2021

    In the simplest of terms, qualified immunity “protects officers from liability for damages unless they violate clearly established law.” See Samuel L. … Callahan, 555 U.S. 223, 231 (2009) (“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established

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  • Bryant v. Department of Public Safety And Corrections

    District Court, E.D. Louisiana · Sep 11, 2019

    The doctrine of qualified immunity offers a shield against civil liability for government employees “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … legal rules that were clearly established at the time it was taken.”

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  • Usry v. Louisiana Dept. of Highways

    459 F. Supp. 56 · District Court, E.D. Louisiana · Jun 27, 1978

    The relief sought by plaintiff herein clearly falls within the prohibited “retroactive” category established by Edelman , representing monetary liability which, at the trial on the merits, may be established to have accrued … Louisiana has effected a waiver of its traditional governmental immunity from suit. 27 However, it is established beyond question that a state may waive its traditional governmental immunity and, at the same time, retain

    Cited 11 timesPublished
  • Schambach v. Mandeville City

    District Court, E.D. Louisiana · Jun 1, 2022

    To negate qualified immunity, the plaintiffs 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 conduct.”96 … conduct violated clearly established law.”98 What does it mean for a right to be clearly established?

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  • Dugas v. Fontenot

    District Court, E.D. Louisiana · Feb 26, 2021

    was “clearly established” at the time of the alleged violation.31 Defendants have raised a qualified immunity defense; thus, the burden is on the Plaintiff to demonstrate that the Officers are … overcome a qualified immunity defense, the plaintiff must establish that the official’s allegedly wrongful conduct violated clearly established law.43 The Court finds there is no genuine dispute

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  • Pitre v. Ledet

    District Court, E.D. Louisiana · May 5, 2021

    “Qualified immunity shields government officials from civil liability in their individual capacity so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … But, to overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.

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  • Whitfield v. Riley

    District Court, E.D. Louisiana · Jun 24, 2021

    “The second prong of the qualified-immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656. The steps can be analyzed in any order. … the lens of qualified immunity.”

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  • United States v. LeBeouf Bros. Towing Co., Inc.

    377 F. Supp. 558 · District Court, E.D. Louisiana · Jun 14, 1974

    It is Coast Guard policy to assume that the penalty will be at or near the maximum unless a lesser penalty is clearly justified by one of the factors listed in Section 311(b) (6). … methods and procedures for *561 removal of discharged oil, (B) establishing criteria for the development and implementation of local and regional oil removal contingency plans, (C) establishing procedures, methods, and requirements

    Cited 16 timesPublished
  • Adams v. Walker

    District Court, E.D. Louisiana · Dec 9, 2021

    “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 person … would have known.”10 “When a defendant asserts qualified immunity, the plaintiff has the burden of proving it is inapplicable.”11 Courts use a two-prong test to determine the applicability of qualified immunity to

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  • Hahn v. City of Kenner

    984 F. Supp. 424 · District Court, E.D. Louisiana · Aug 28, 1997

    In the alternative, Lombard asserts a defense of qualified immunity. He seeks summary judgment dismissing Hahn’s claims. … As no Section 1983 action is maintainable against Chief Congemi, the Court declines to analyze his defense of qualified immunity. .

    Cited 3 timesPublished
  • Traweek v. Gusman

    District Court, E.D. Louisiana · Oct 23, 2019

    What does it mean for a right to be clearly established? … Jones acted objectively unreasonably in light of clearly established law. Although Ms.

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  • Griffith v. Louisiana

    808 F. Supp. 2d 926 · District Court, E.D. Louisiana · Aug 10, 2011

    In addition, states may waive their sovereign immunity. Id. 1. Section 1983 Claim Congress has not abrogated the States’ sovereign immunity for claims arising under 42 U.S.C. § 1983 . Inyo County, Cal. v. … “Well settled Section 1983 jurisprudence establishes that supervisory officials cannot be held vicariously liable for their subordinates’ actions.” Mouille v.

    Cited 14 timesPublished
  • Williams v. Biggs

    District Court, E.D. Louisiana · Mar 21, 2022

    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

    Cited 0 timesUnknown

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