Case law

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

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.

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

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

Mosely v. Bergeron

District Court, E.D. Louisiana · Mar 26, 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.

Crocker v. Borden, Inc.

852 F. Supp. 1322 · District Court, E.D. Louisiana · May 6, 1994

Plaintiffs argue that while Westinghouse may be able to establish the first two components of the defense, it simply cannot establish the third. … The causal nexus is established.

Adams v. Walker

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

Dismissal Based on Qualified Immunity “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory … right that was clearly established at the time of Moody’s actions but also to allege the violation of any constitutional or statutory right at all.15 Therefore, to the extent Plaintiff’s stigma-plus claim is

Najolia v. Northrop Grumman Ship Systems, Inc.

883 F. Supp. 2d 646 · District Court, E.D. Louisiana · May 23, 2012

for federal officer immunity as a matter of law. … Najolia argues that GE and Westinghouse have failed to come forward with any competent proof establishing that they acted under a federal officer.

In Re Katrina Canal Breaches Consolidated Litigation

627 F. Supp. 2d 656 · District Court, E.D. Louisiana · Mar 20, 2009

However, the case on which the Government relies is clearly distinguishable. … Clearly, there was no violation of any mandate and the decisions made were policy driven.

Smith v. Louisiana, Department of Wildlife & Fisheries

586 F. Supp. 609 · District Court, E.D. Louisiana · May 7, 1984

That view, with which this Court agrees, is consistent with the notion that a State’s conduct must clearly express a waiver to defeat a State’s historical immunity. … Although Congress clearly has the power to impose liability, and to abrogate State immunity from suit in the Federal courts, this Court holds Congress has not done so in Jones Act cases in a manner which clearly expresses

Washington v. Smith

District Court, E.D. Louisiana · Dec 22, 2022

Qualified Immunity “Governmental officers sued in their individual capacity are entitled to qualified immunity insofar as their conduct ‘did not violate clearly established … clearly established law.

Luke v. Neal

District Court, E.D. Louisiana · Jun 25, 2021

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

Bush v. Thoratec Corp.

13 F. Supp. 3d 554 · District Court, E.D. Louisiana · Apr 1, 2014

As a general matter, the United States is immune to suits brought by individuals except where it has explicitly waived its immunity by statute. In re FEMA Trailer Formaldehyde Prods. Liab. … Under the VMMA, “expert testimony is ordinarily necessary to establish the appropriate standard of care, to establish a deviation from the standard, and to establish that such a deviation was the proximate cause of the claimed

Mumphrey

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

To overcome Smith’s defense of qualified immunity, Mumphrey must show: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged … Second, even setting attribution aside, Mumphrey identifies no clearly established right against the disclosure.

Littlejohn v. New Orleans City

District Court, E.D. Louisiana · Oct 8, 2020

clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Where a public official invokes qualified immunity as a defense to a civil action against him, a plaintiff has the burden of establishing a constitutional violation and overcoming the defense. See Jackson v.

Betts v. Brennan

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

Humphrey did not bar Plaintiff’s claims, Brennan is not entitled to qualified immunity, and DPSC does not qualify as a “person” under § 1983. … “the right was clearly established at the time of the violation.”4 The Fifth Circuit determined that Trooper Brennan did not violate the Fourth Amendment by tasing Betts one time in order to arrest

Muthuswamy v. Liberto

District Court, E.D. Louisiana · Sep 29, 2020

Qualified Immunity and 42 U.S.C. § 1983 Claims. … have known.”72 The Supreme Court has made clear that qualified immunity functions as an immunity from suit, rather than a mere defense to liability.73 “[T]he qualified immunity standard ‘gives ample room

Richardson v. St. Charles-St. John the Baptist Bridge & Ferry Authority

274 F. Supp. 764 · District Court, E.D. Louisiana · Oct 16, 1967

Since the statute that authorized the establishment of the Authority pro *767 vides that the Authority can sue and be sued, its immunity has been waived. … Under these circumstances, the Authority appears clearly to be a separate-entity. In this regard, it must be distinguished from the Louisiana Wildlife- & Fisheries Commission, which was held in Ward v.

Wright v. Harahan City

District Court, E.D. Louisiana · Feb 19, 2020

Having failed to allege the violation of a clearly established right, Wright cannot overcome Chief Walker’s qualified-immunity defense. … Having failed to allege the violation of a clearly established right, Wright cannot overcome Captain Adams’ qualified-immunity defense.