Case law

Davis v. Fernandez

District Court, E.D. Louisiana · May 3, 2022

This doctrine protects government officials sued in their individual capacities “from liability for civil damages insofar as their conduct does not violate clearly established statutory or … Since qualified immunity does not merely offer immunity from liability, but also provides immunity from suit, see Foster v.

Smith v. Bd. of Comm'rs of the La. Stadium

385 F. Supp. 3d 491 · District Court, E.D. Louisiana · May 14, 2019

Plaintiff was a qualified individual with a disability. … The Court found France, sued in his official capacity, is entitled to sovereign immunity on Plaintiff's damages claim against him. Id.

Smith v. New Orleans City

District Court, E.D. Louisiana · Nov 10, 2020

In striking this balance, qualified immunity shields “government officials performing discretionary functions” from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional … is entitled to qualified immunity.”).33 ii.

Bernofsky v. Tulane University Medical School

962 F. Supp. 895 · District Court, E.D. Louisiana · Apr 15, 1997

Assuming this comment was made, the undisputed facts still clearly establish that “de facto tenure” does not exist at Tulane, Bernofsky knew that “de facto tenure” did not exist and kept asking for “real” tenure and that … Finally, a report made within the reach of this statute does not serve as life-long immunity from negative employment action.

Starks v. Advantage Staffing, LLC

202 F. Supp. 3d 607 · District Court, E.D. Louisiana · Apr 19, 2016

for seaman status” where the plaintiff can establish “the requisite employment-related connection to the vessel.” 62 The Naquin court clearly indicated that the key inquiry is whether the worker is “exposed to the perils … Furthermore, defendants initially did not address the clearly established rule from Barrett—recently reaffirmed in Wilcox—regarding how to determine a Starks’ durational connection to the barges.

McKay v. Davis

District Court, E.D. Louisiana · Oct 4, 2023

“If the defendant’s actions violated a clearly established constitutional right, the court then asks whether qualified immunity is still appropriate because the defendant’s actions were ‘objectively reasonable’ in light … qualified immunity defense with equal specificity.”

Morales v. New Orleans City

District Court, E.D. Louisiana · Jun 23, 2022

Qualified Immunity The Court finds that questions of fact remain as to whether Michel is protected by qualified immunity. … In response to Michel’s claim of qualified immunity, Plaintiff must show that Michel “committed a constitutional violation” and that his “actions were objectively unreasonable in light of the law that was clearly established

Odynocki v. Southern University at New Orleans

District Court, E.D. Louisiana · Jun 14, 2022

Qualified immunity operates to ensure that before they are subjected to suit, state actors are on notice that their conduct is unlawful, and fair notice requires clearly established law. … Swuhlpehthurer a right is clearly established as to the specific facts of the case.” , 805 F.3d 543, 547 (5th Cir. 2015).

Matherne v. Louisiana State

District Court, E.D. Louisiana · Mar 27, 2020

immunity. … Plaintiff, again, asserts his petition stated a claim for relief against Hill because Hill did not have qualified immunity and because Hill violated Plaintiff’s constitutional rights. Plaintiff 4 See Austin v.

Carney v. New Orleans City

District Court, E.D. Louisiana · Jun 25, 2020

In striking this balance, qualified immunity shields “government officials performing discretionary functions” from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional … Where a public official invokes qualified immunity as a defense to a civil action against him, the plaintiff has the burden of establishing a constitutional violation and overcoming the defense. Jackson v.

Mitchell v. CRESCENT RIVER PORT PILOTS ASS'N

515 F. Supp. 2d 666 · District Court, E.D. Louisiana · Jun 1, 2007

Mitchell, an African-American man, to qualify for commission as a river port pilot. … Plaintiff can establish a prima facie case in the discrimination context once he has proved that he: (1) is a member of a protected class; (2) was qualified and applied for the position; (3) was rejected for the job; and

Dupard v. Lopinto

District Court, E.D. Louisiana · Mar 30, 2020

This requirement establishes a high bar.”186 When there is no controlling authority specifically prohibiting a defendant’s conduct, the law is not clearly established for the purposes of defeating qualified … immunity.187 “If the defendant’s actions violated a clearly established constitutional right, the court then asks whether qualified immunity is still appropriate

Dunaway v. United States

136 F. Supp. 2d 576 · District Court, E.D. Louisiana · Sep 2, 1999

Discretionary Function Exception toSAA Generally, the United States is immune from suit unless it waives sovereign immunity. See United States v. Sherwood, 312 U.S. 584, 586 , 61 S.Ct. 767 , 85 L.Ed. 1058 (1941). … United States, 984 F.2d 1100, 1103 (10th Cir.1993) (holding that whether to post warning signs is clearly discretionary); Bowman v.

Rivera-Colon v. St. Bernard Parish

District Court, E.D. Louisiana · Feb 2, 2021

was objectively unreasonable in light of clearly established law at the time of the incident. … “The second prong of the qualified immunity test is better understood as two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident; and,

Lee v. Gulf Fleet Marine Corp.

110 F.R.D. 307 · District Court, E.D. Louisiana · Apr 28, 1986

The notes of the Advisory Committee on the Federal Rules of Discovery, relating to Rule 35, clearly suggest, although not expressly stated, that the “mental” examinations contemplated relate to mental disorders and damages … The drafters of this rule, it may be safely stated, wished to insure that such disorders be evaluated only by a licensed physician qualified in such a field.

Petroplex International v. St. James Parish

158 F. Supp. 3d 537 · District Court, E.D. Louisiana · Jan 25, 2016

uses, and establishment of conditions on nonconforming uses. … In the other case cited by Plaintiffs in support of their argument that the court should strike down the law for vagueness turned on qualified immunity, and therefore a final determination as to the vagueness of the statute

Fontham v. McKeithen

336 F. Supp. 153 · District Court, E.D. Louisiana · Dec 7, 1971

Of course, State standards regulating the rights of voters in State and local elections are not immune from challenges that they offend federally protected rights. … The Amendment indicates clearly that the Congress is unwilling to assume what is properly the role of the States in enacting voter legislation controlling State elections. . Blumstein v.

Aples v. Administrators of the Tulane Educational Trust

District Court, E.D. Louisiana · Dec 28, 2023

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.”73 “Qualified immunity balances two important … 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

Soublet v. Louisiana Tax Commission

766 F. Supp. 2d 723 · District Court, E.D. Louisiana · Feb 3, 2011

(a) Clearly Better Qualified When a plaintiff seeks to rebut a defendant’s legitimate non-discriminatory justification by providing evidence that he was clearly better qualified than the employee selected for the position … that an applicant is clearly better qualified.”

Moity v. Louisiana State Bar Ass'n

414 F. Supp. 180 · District Court, E.D. Louisiana · Mar 3, 1976

That the individual right of privacy is subject to important state interests in regulation is now established. See Roe v. Wade, 410 U.S. 113 , 93 S.Ct. 705 , 35 L.Ed.2d 147 (1973). … As to the Bar Association, the defense of quasi-judicial immunity would appear equally viable.