Case law

Johnson v. Gusman

District Court, E.D. Louisiana · May 13, 2020

Qualified immunity protects government officials from civil liability so long as their conduct “‘does not violate clearly established statutory or constitutional rights of which a reasonable … and (2) that the right was clearly established at the time of the challenged conduct.

In Re Katrina Canal Breaches Consolidated Litigation

577 F. Supp. 2d 802 · District Court, E.D. Louisiana · May 2, 2008

So, clearly, the Fifth Circuit has recognized that § 702c does not immunize a navigational channel where it is “unconnected with any flood control project.” … This position is clearly supported by the Grad decisions. b. § 702c DOES NOT IMMUNIZE THE CORPS AS THE CHALLENGED CONDUCT WAS NOT RELATED TO FLOOD CONTROL The United States maintains in these motions that the MRGO and the

LaFargue v. United States

4 F. Supp. 2d 580 · District Court, E.D. Louisiana · Apr 8, 1998

Clearly, the plaintiffs seek to be declared the owners of the servitudes and the Pipeline. Further, the monetary relief requested in the quoted paragraph does not implicate the Tucker Act. … Moreover, neither the EPCA, nor § 1331 waives the United States’ sovereign immunity.

Liger v. NEW ORLEANS HORNETS NBA LTD. PARTNERSHIP

565 F. Supp. 2d 680 · District Court, E.D. Louisiana · Jul 10, 2008

In addition, the Plaintiffs aver that the Hornets fail the 75% revenue test to qualify as a “retail or service establishment.” II. … Counsel asserted that the Hornets could qualify for the exemption as a “service” establishment as opposed to qualifying as a “retail” establishment. Counsel’s argument is not grounded in the FLSA’s jurisprudence.

Gentry

District Court, E.D. Louisiana · Sep 2, 2026

Qualified Immunity Qualified immunity is an affirmative defense that protects public officials sued for violations of constitutional rights. … ‘clearly established’ at the time of the alleged violation.”

Quatrevingt v. Landry

District Court, E.D. Louisiana · Apr 6, 2020

“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 … Plaintiff has not pointed to any clearly established law that suggests that this reliance is not objectively reasonable.

Vega v. Gusman

District Court, E.D. Louisiana · Mar 29, 2022

Defendants’ Motion for Summary Judgment on the Issue of Qualified Immunity. … 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.”44 Qualified immunity balances two important

Bonvillain v. Terrebonne Parish Consolidated Government

District Court, E.D. Louisiana · Jun 24, 2025

Qualified Immunity “Qualified immunity protects government officials from liability for damages when they violate the law, but nonetheless reasonably could have believed that … Defendants are entitled to qualified immunity on Bonvillain’s conspiracy claims because she cannot prove an underlying constitutional injury.

Asante-Chioke v. Dowdle

District Court, E.D. Louisiana · Aug 31, 2023

“Section 1983 claims implicating qualified immunity are subject to the same Rule 8 pleading standard set forth in Twombly and Iqbal as all other claims; an assertion of qualified immunity in a defendant's answer … to draw a reasonable inferences as to Dowdle’s liability and qualified immunity.

First Investment Corp. v. Fujian Mawei Shipbuilding, Ltd.

858 F. Supp. 2d 658 · District Court, E.D. Louisiana · Mar 12, 2012

“FSIA immunity is immunity not only from liability, but also from the costs, in time and expense, and other disruptions attendant to litigation.” Id. … FIC has not alleged facts establishing a nexus between particularized government activities and the management of the Fujian respondents sufficient to establish the requisite level of control.

Cerdes v. United States

District Court, E.D. Louisiana · Aug 25, 2025

Under the doctrine of qualified immunity, courts look to “whether defendants violated the law that was clearly established at the time of their actions. Subsequent legal developments are immaterial.” … Reinert, Qualified Immunity’s Flawed Foundation, 111 CAL. L. REV. 201, 235 (2023). The article therefore argues that the qualified immunity doctrine should have never developed.

Holmes v. Reddoch

District Court, E.D. Louisiana · Mar 18, 2021

Then, “to overcome qualified immunity,” the plaintiff must show a version of “disputed facts” that “constitute a violation of clearly established law. … But even if the Court assumes that Holmes has stated a Fourth Amendment violation, the defendants would still be entitled to qualified immunity because that violation was not clearly established.

Cinel v. Connick

792 F. Supp. 492 · District Court, E.D. Louisiana · May 6, 1992

Although no reported Louisiana decision addresses Section 1459 specifically, the Court finds instructive a Louisiana Supreme Court case discussing Sections 1452 and 1453 (establishing a qualified privilege for confidential … The parties have not clearly focused for the Court just how Rule 501 works when a claim implicates both federal and state law, and so the Court will analyze the qualified privilege under both regimes. 9 .

Kokesh v. Curlee

District Court, E.D. Louisiana · May 7, 2020

Curlee further argues that he is entitled to qualified immunity from suit, because he did not violate the plaintiff’s clearly established constitutional rights. 4 … “In suits alleging illegal arrest, the qualified immunity determination turns on whether ‘a reasonable officer could have believed [the arrest] to be lawful, in light of clearly established law and the information the ...

Tolbert v. Gusman

District Court, E.D. Louisiana · Apr 16, 2020

Qualified Immunity Perez and Lawson argue that they are entitled to qualified immunity from Plaintiff’s claims. … “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.”10 Although

Aucoin

District Court, E.D. Louisiana · Aug 21, 2026

Qualified Immunity Authement has urged qualified immunity as a basis for summary judgment. … To carry his burden to overcome defendants’ qualified immunity defense here, Aucoin “must show: (1) that the [defendants] violated a statutory or constitutional right, and (2) that the right was clearly

Boudreaux v. Prevost

District Court, E.D. Louisiana · Sep 19, 2025

Officers Prevost and Floyd invoke the defense of qualified immunity. … 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

Hahn v. City of Kenner

1 F. Supp. 2d 614 · District Court, E.D. Louisiana · Apr 13, 1998

Qualified immunity protects “police officers in the ‘gray area’ between absolute certainty on the one hand and reckless or wanton conduct on the other. … Even if Officer Lombard’s response was incorrect, it defies logic to argue that it was outside the scope of “objective legal reasonableness” that would have entitled him to qualified immunity. Duckett v.

Nevarez v. Coleman

District Court, E.D. Louisiana · Aug 8, 2023

immunity and therefore should not be subjected to discovery burdens until the issue of qualified immunity is resolved by the Fifth Circuit. … 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

Heavin v. Mobil Oil Exploration & Producing Southeast, Inc.

697 F. Supp. 1408 · District Court, E.D. Louisiana · Aug 18, 1988

Their first two arguments contend that they are immune from tort liability as a matter of law. … But first, a brief review of the established and uncontested facts is appropriate. On October 13, 1986, while in the course and scope of his employment with Chevron U.S.A., Inc.