Case law

Asante-Chioke v. Dowdle

District Court, E.D. Louisiana · Oct 4, 2024

Asante-Chioke no longer posed a threat” in violation of a clearly established constitutional right.10 It also denied their alternative request, joined by Downing, Duplessis, and Durnin (the “EJLD Defendants”),11 that … A court’s “failure to limit discovery [is thus] tantamount to the denial of qualified immunity.” Id.

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

Butler v. Miller

District Court, E.D. Louisiana · Mar 31, 2025

As such, the Court finds that Plaintiff cannot defeat Officer Hutchinson’s qualified immunity defense because Plaintiff cannot show that his arrest violated a clearly established constitutional right.109 ( … As such, the Court finds that Plaintiff cannot defeat Officer Gautier’s assertion of qualified immunity because Plaintiff cannot show that his arrest violated a clearly established constitutional right.

Autin v. Louisiana Department of Public Safety and Corrections

District Court, E.D. Louisiana · Nov 17, 2021

Thus, even if the evidence supports a conclusion that plaintiff’s rights were violated, qualified immunity may still be invoked unless “the government official violated clearly established … Plaintiff asserts that the defendants are prohibited from using a qualified immunity defense because the “right to be free from excessive/unnecessary force [is] clearly established.” Rec.

Floyd v. Dillmann

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

The second prong of the qualified-immunity analysis asks whether the right in question was clearly established at the time of the violation.17 A qualified immunity … Whether the Rights in Question Were Clearly Established The second prong of the qualified immunity analysis is whether the rights in question were clearly established at the time of the violation.47 It is

Kerr v. Smith Petroleum Co.

909 F. Supp. 421 · District Court, E.D. Louisiana · Dec 7, 1995

The Fifth Circuit found that “[a] non-operating'owner may indeed be a principal [under Louisiana law] and therefore a statutory employer immune from tort liability.” Id. … The Court refuses because “[i]t has long been established that a legally indistinguishable decision of this court must be followed by other panels of this court and district courts unless overruled en banc or by the United

Stelly v. Department of Public Safety and Corrections Louisiana State, Office of State Police

District Court, E.D. Louisiana · Sep 1, 2023

“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 … Courts have held that an employee has a clearly established right to be free from racial discrimination in employment and that racial discrimination in the workplace is not objectively reasonable under clearly established

Strickland

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

A government official performing professional functions is entitled to qualified immunity unless the conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known … beat an unresisting arrestee were entitled to qualified immunity because the plaintiffs were unable to carry their “burden to demonstrate that the law was ‘clearly established’—that ... any reasonable officer would have

Matherne v. Louisiana State

District Court, E.D. Louisiana · Jan 21, 2020

violated constitutional rights were clearly established at the time of the incident; and, if so, whether the conduct of the defendants was objectively unreasonable in the light of that then clearly established law … established constitutional right or that Hill’s actions were objectively unreasonable in light of clearly established laws.

Abdul Aziz v. Washington

District Court, E.D. Louisiana · Dec 15, 2023

‘clearly established’ at the time of the challenged conduct.” … Oct. 6, 2021) (holding that plaintiff’s probation officer was entitled to qualified immunity for failing to file correct paperwork because her conduct did not violate “clearly established” law, as “[i]ndividuals do not

Advocacy Center for the Elderly & Disabled v. Louisiana Department of Health & Hospitals

731 F. Supp. 2d 583 · District Court, E.D. Louisiana · Aug 9, 2010

Sovereign Immunity The Court addresses defendants’ subj ect-matter-jurisdiction challenges first. 17 Defendants first assert that the doctrine of sovereign immunity bars all claims asserted against the Louisiana Department … A suit that is barred by sovereign immunity is not precisely the same as one that is barred for want of subject-matter jurisdiction; unlike subject-matter jurisdiction, sovereign immunity is waivable. See Wis.

Smith v. Xerox Corp.

718 F. Supp. 494 · District Court, E.D. Louisiana · Jul 7, 1989

On November 18, 1987, this Court granted Xerox’s Motion for Summary Judgment on the grounds that it was entitled to assert the governmental contractor defense and therefore had qualified immunity from any liability against … Paragraph 8, for example, the most detailed in the contract, establishes precise repair turn-around and delivery requirements that could be exclusive of user safety.

Wright v. Louisiana State

District Court, E.D. Louisiana · May 22, 2023

In order for Wright to demonstrate that qualified immunity does not apply, he must show (1) that the defendants “‘violated a statutory or constitutional right, and (2) that the right was clearly established at the time … To rebut the defense of qualified immunity, Wright cannot rely on his allegations alone. Id. at 654. Here, Wright has offered no rebuttal whatsoever to defendants’ invocation of qualified immunity.

Orellana v. Terrebonne Parish Consolidated Government

District Court, E.D. Louisiana · Nov 14, 2019

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”15 “There … Further, the Gates standard for the removal of children from school has been clearly established for almost a decade.35 Accordingly, Schlesinger is not entitled to qualified immunity at this stage. 2.

Southern Christian Leadership Conference v. Supreme Court of the State of Louisiana

61 F. Supp. 2d 499 · District Court, E.D. Louisiana · Jul 27, 1999

The command of Pennhurst seems clearly applicable to this dispute. … Maine, — U.S. -, 119 S.Ct. 2240 , — L.Ed.2d - (1999) (recognizing the States’ immunity from suit as a fundamental aspect of sovereign immunity protected by the Constitution). C.

Perkins v. Hart

District Court, E.D. Louisiana · Jul 26, 2022

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.”60 Qualified immunity balances two important … immunity and argue that their actions when arresting Plaintiff were justified due to her resistance.105 Qualified immunity shields officers from liability unless their conduct violates a clearly established

Mocklin v. Orleans Levee District

690 F. Supp. 527 · District Court, E.D. Louisiana · Jul 18, 1988

Dalehite clearly comprehends the application of the discretionary function exception in the present case. … The Court finds that under the Fifth Circuit’s case law and, even more clearly, under Dalehite and Varig, the United States is immune from liability for the unfortunate death of the plaintiff’s son.

Verdin v. Cook

District Court, E.D. Louisiana · Jun 28, 2019

established law supporting his argument against defendants’ qualified immunity defense. … entitled to qualified immunity.

Betts v. Brennan

District Court, E.D. Louisiana · Jan 22, 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 … Brennan is not entitled to qualified immunity.

Delatte v. Genovese

273 F. Supp. 654 · District Court, E.D. Louisiana · Sep 25, 1967

But these cases are clearly distinguishable from the present situation in which Dr. Genovese signed as coroner under a state statute which requires the coroner to act. Thus, in Byrne v. … On the other hand, it has been asserted that the coroner does not act judicially, or acts only ministerially, in holding an inquest, which is a mere finding and does not establish rights, and therefore his authority lacks