Case law

Erwin v. Murray

District Court, E.D. Louisiana · Oct 27, 2023

DISCUSSION It is well established that qualified immunity shields public officials from suit and liability under § 1983, “so long as their conduct ‘does not … violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Rogers v. Smith

District Court, E.D. Louisiana · May 13, 2022

clearly established law.”11 In resolving questions of qualified immunity at summary judgment, courts engage in a two-pronged inquiry. … that they are entitled to qualified immunity from Plaintiff’s claims because there was no clearly established constitutional right of which they should have known prior to Plaintiff’s arrest for criminal

DeRouen v. Jefferson Parish Sheriff's Office

District Court, E.D. Louisiana · Mar 11, 2021

Qualified Immunity Next, Defendants argue that they are entitled to qualified immunity from Plaintiff’s § 1983 claim. … “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

Principe Compania Naviera, SA v. Board of Com'rs of Port of New Orleans

333 F. Supp. 353 · District Court, E.D. Louisiana · Oct 4, 1971

Board of Commissioners of the Port of New Orleans, 424 F.2d 764 (5th Cir. 1970). 4 Among the reasons cited by the *355 Fifth Circuit are the historical desire of the state to establish a separate agency removed from state … This latter evil is clearly demonstrated by situations such as that in Board of Commissioners v. Gypsum Transp.

Porter v. Lemire

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

immunity because he has not alleged the violation of a clearly established constitutional right. … A state official sued in his individual capacity for damages may assert a qualified immunity defense.76 This immunity is defeated if the official violated clearly established statutory or constitutional rights, of which

Otkins v. Gilboy

District Court, E.D. Louisiana · Oct 27, 2022

Immunity Scheduling Order.50 Finally, Defendants again assert that the officers did not violate a clearly established constitutional right and are thus entitled to Qualified Immunity. … to whether the official’s allegedly wrongful conduct violated clearly established law.”62 However, when considering a qualified immunity defense, the court must still view the evidence in the light most favorable to

De Sanchez v. Banco Central De Nicaragua

515 F. Supp. 900 · District Court, E.D. Louisiana · Apr 20, 1981

It was established abroad by a foreign bank; was to be advised abroad, to another foreign bank; and named a foreign beneficiary. … Clearly in the context of the sovereign immunity of the United States, official conduct is not immune from suit simply because it is “governmental.” Indian Towing Co. v.

Melancon v. Walsh

District Court, E.D. Louisiana · Apr 1, 2024

Qualified Immunity As we have determined that Mr. Melancon fails to state a claim, we need not consider defendants’ defense of qualified immunity. … As to the “clearly established” prong, “the court asks whether the law so clearly and unambiguously prohibited the conduct that every reasonable official would understand that what he is doing violates the law.”

Kihneman v. Humble Oil & Refining Company

312 F. Supp. 34 · District Court, E.D. Louisiana · Mar 31, 1970

The First Count alleged various facts that may or may not be established at the trial against Harang. … The legal conception of malice that defeats the qualified privilege “must be some motive inconsistent with the social policy which gives rise to privilege and which affords prima facie immunity to the defendant.

Ordonye v. Clement

District Court, E.D. Louisiana · Jul 29, 2025

capacity is entitled to qualified immunity.74 “Qualified immunity is a defense available to government officials in their individual capacities … under 42 U.S.C. § 1983.”75 “Qualified immunity is an ‘immunity from suit rather than a mere defense to liability.’”76 “Qualified immunity protects ‘government 69 Barker on Behalf of Barker v.

Tale-Toc

District Court, E.D. Louisiana · Aug 12, 2026

Qualified Immunity Similarly, Defendants’ argument that they are entitled to qualified immunity also fails. … immunity shield.59 Ergo, Plaintiff’s Franks claim survives Falvey’s qualified immunity argument.

Schilly

District Court, E.D. Louisiana · Dec 15, 2025

Plaintiffs also maintain that Marcal and Khars are not entitled to qualified immunity because, under the relevant legal test, the officers violated a clearly established constitutional right at the time of this … Here, Plaintiffs cannot show a violation of a clearly established right of which a reasonable officer would have known when Schilly was shot.150 Qualified immunity protects “all but the plainly incompetent or those who

Feary v. Regional Transit Authority

688 F. Supp. 1108 · District Court, E.D. Louisiana · Jul 13, 1988

Nor may the Court consider the RTA to have waived its right to have its case tried solely in Louisiana state court. 2 The Louisiana legislature has established specific statutory provisions setting forth the rights and obligations … of governmental entities and has given no clearly expressed authority for its attorneys to waive any requirement that suit be limited to state court.

Snyder v. Bergeron

District Court, E.D. Louisiana · Jul 7, 2021

But that changes with qualified immunity. … But, to overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.

Lawrence v. Lawson

District Court, E.D. Louisiana · Apr 17, 2023

“Qualified immunity is a defense available to government officials in their individual capacities under 42 U.S.C. § 1983.”35 “Qualified immunity is an ‘immunity from suit rather than a mere defense to liability.’”36 “Qualified … immunity protects ‘government officials performing discretionary functions’ from liability for civil damages so long as their ‘conduct does not violate clearly established statutory or constitutional rights of which a

Williams v. Biggs

District Court, E.D. Louisiana · Feb 26, 2024

conduct violated clearly established law.”12 In resolving questions of qualified immunity at summary judgment, courts engage in a two-pronged … The second step of the qualified immunity inquiry asks whether the violated constitutional right was clearly established at the time of the violation.

Williams v. Attorney General State of Louisiana

District Court, E.D. Louisiana · Feb 4, 2025

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”65 The Supreme Court has made clear that qualified immunity functions as an immunity from suit, rather … And the claims the Court did consider failed based on the lack of a clearly established constitutional right to terminate child support duties. No amendment would change this.

United States v. Anzelmo

319 F. Supp. 1106 · District Court, E.D. Louisiana · Oct 29, 1970

immunity in this situation. … Clearly, this reasoning would support a grant of immunity from civil liability and Gremillion cites a long line of authority establishing a doctrine of judicial immunity from civil liability in American jurisprudence. 4 This

Barnum v. New Orleans City

District Court, E.D. Louisiana · Jul 16, 2025

The officers argue that they are entitled to qualified immunity. Qualified immunity “provides ample protection to all but the plainly incompetent or those who knowingly violate the law.” Malley v. … Hence, courts “cannot deny qualified immunity without identifying a case in which an officer acting under similar circumstances was held to have violated the [right at issue], and without explaining why the case clearly

Martinez v. Greater New Orleans Expressway Commission

District Court, E.D. Louisiana · Mar 17, 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 … Analysis: Coyle’s Entitlement to Qualified Immunity Martinez’s ability to prevail on prong one of the qualified immunity analysis turns on her complaint’s ability to “make out a violation