Case law

Johnson v. Gusman

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

Defendants are Not Entitled to Qualified Immunity at This Stage in the Proceedings Defendants argue they are entitled to qualified immunity and, as a result … the defense of qualified immunity.”92 To overcome qualified immunity, the plaintiff must establish (1) the allegations in the complaint show the defendant’s conduct violated the plaintiff’s constitutional rights

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.

Logan v. New Orleans Police Department

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

unreasonable in light of clearly established law at the time of the incident. … Thus, she has failed to show that Officer Marshall’s conduct violated clearly established law. Officer Marshall is entitled to qualified immunity, and Plaintiff’s claim against him will be dismissed.

Breaux

District Court, E.D. Louisiana · Apr 15, 2026

Forsyth, 472 U.S. 511, 526 (1985)) (addressing qualified immunity). … Qualified immunity is not only a defense to liability, but also “a limited entitlement not to stand trial or face the other burdens of litigation,” including “the burdens of discovery.”

Jamie Johnson in her capacity as tutor for R.C., a minor child v. Randy Smith, et al.

District Court, E.D. Louisiana · Dec 18, 2025

established’ prong of qualified immunity does not transform [p]laintiff’s claims into frivolous ones.”27 Plaintiff also argues that this Court cannot 21 R. … established” such that defendants were not entitled to qualified immunity—not because plaintiff’s claims were “groundless.”30 Plaintiff’s claims did not lack a basis in fact.

Pinner v. Schmidt

617 F. Supp. 342 · District Court, E.D. Louisiana · Sep 3, 1985

This notice clearly and briefly set forth the dispute between the parties and requested amendment of the credit report. … Accordingly, the qualified immunity granted by the Act as to defamation and other types of tort actions was not triggered in this case, and the evidence presented was more than sufficient to support findings of liability

Scott v. State of Louisiana

District Court, E.D. Louisiana · Jun 9, 2020

Under the doctrine of qualified immunity, public officials are shielded from liability for civil damages “unless the official violated a statutory or constitutional right that was clearly established at the time of the … “To overcome the immunity defense, the complaint must allege facts that, if proven, would demonstrate that [the defendant] violated clearly established statutory or constitutional rights.” Wicks v. Miss.

Quinlan v. Jefferson Parish Sheriff's Office

District Court, E.D. Louisiana · Apr 25, 2023

Thus, an “officer will be entitled to qualified immunity if no constitutional violation occurred or if the conduct ‘did not violate law clearly established at the time.’” Davis v. … Defendants are therefore entitled to qualified immunity, as a claim that is “expressly not recognized is the antithesis of a clearly established one.” Watts v. Northside Indep. Sch.

Rivera-Colon v. St. Bernard Parish

District Court, E.D. Louisiana · Dec 19, 2022

To overcome qualified immunity, a plaintiff must establish that (1) the defendant’s conduct violated the plaintiff’s constitutional rights, and (2) the defendant’s conduct was objectively unreasonable in light of clearly … “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, if

Odeh v. Butler

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

Qualified immunity In order to defeat qualified immunity, a plaintiff “must show that there is a genuine dispute of material fact and that a jury could return a verdict entitling … constitutional injury.”44 The plaintiff must further show that their “version of those disputed facts [] also constitute a violation of clearly established law.”45 a.

Hmeid v. Nelson Coleman Correctional Center

District Court, E.D. Louisiana · Oct 18, 2019

Importantly, defendants argue they are entitled to qualified immunity. Record Doc. No. 47-1 at pp. 14–15. “Qualified immunity is an immunity from suit rather than a mere defense to liability.” Pearson v. … Instead, “the dispositive question in this step of the qualified- immunity analysis is ‘whether the violative nature of particular conduct is clearly established.’” Cleveland v.

Wells v. Turlich

District Court, E.D. Louisiana · Dec 11, 2019

The Fifth Circuit has summarized the procedure and substance applicable to assertion of the qualified immunity doctrine as follows: The doctrine of qualified immunity offers … legal rules that were clearly established at the time it was taken.”

Lorenzo v. State Farm Mutual Automobile Insurance

983 F. Supp. 2d 852 · District Court, E.D. Louisiana · Nov 21, 2013

DISCUSSION Fraudulent or improper joinder can be established in two ways: (1) actual fraud in the pleading of jurisdictional facts, or (2) the inability of the plaintiff to establish a cause of action against the non-diverse … In other words, Canter does not transform vicarious liability against the employer into immunity for the individual employee-tortfeasor.

Asante-Chioke v. Dowdle

District Court, E.D. Louisiana · Oct 2, 2025

“To overcome an officers’ claim of qualified immunity on [plaintiff’s] claim of excessive force, [plaintiff] must show ‘(1) an injury, (2) which resulted directly and only from a use of force that was clearly excessive … Harvel, 993 F. 3d 325, 336-39 (5th Cir. 2021) (explaining that an officer continuing to shoot at an incapacitated individual is a clearly established constitutional violation))).

Cyr

District Court, E.D. Louisiana · Feb 23, 2026

Eight Amendment and Plaintiff’s state law claims.”42 Defendants’ actual briefing on the issue of qualified immunity, however, relates only to qualified immunity under federal law with respect to Plaintiff’s claims that … Miller, 519 F.3d 231, 239 (5th Cir. 2008) (explaining that “[i]n evaluating a motion to dismiss a state claim on the grounds of qualified immunity, federal courts must apply the state’s substantive law of qualified immunity

North and South American Shipping v. United States

352 F. Supp. 2d 734 · District Court, E.D. Louisiana · Jan 18, 2005

Halcyon and Cooper “clearly establish the rule that there can be no third-party suit against a joint tort-feasor where the tort-feasor has statutory immunity from the first-party plaintiff’. In re McAllister at *5 . … United States, 937 F.2d 625 , 635 (D.C.Cir.1991)(“In short, Halcyon and Cooper established that the maritime common law does not allow contribution against a party who holds a statutory immunity from first-party liability

Asante-Chioke v. Dowdle

District Court, E.D. Louisiana · Jun 6, 2024

Specifically, the Court found that Plaintiff overcame Dowdle’s defense of qualified immunity because she sufficiently alleged that the officers initiated a second round of shots after an initial round clearly incapacitated … ’s requested order limiting discovery to issues of Dowdle’s qualified immunity.

Singleton v. Cannizzaro

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

Defendants filed a Motion to Dismiss on the grounds of qualified immunity, absolute immunity, and failure to state a claim on March 1, 2018. … “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.”17

Magee v. Reed

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

“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.”16 “There … in light of clearly established law and the information the [arresting] officers possessed.”39 “Thus, a qualified immunity defense cannot succeed where it is obvious that a reasonably competent officer would

United States v. 1,000 ACRES OF LAND, ETC.

162 F. Supp. 219 · District Court, E.D. Louisiana · Apr 21, 1958

This Court must accept the Commission’s “findings of fact unless clearly erroneous.” Rule 71A(h), Rule 53(e) (2), Fed. R.Civ.P. … United States, 1933, 290 U.S. 89 , 54 S.Ct. 38 , 78 L.Ed. 192 , or may be deemed a tax, since it is established that property of the United States is immune from any form of state taxation. United States v.