Case law

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

Asante-Chioke

District Court, E.D. Louisiana · Jan 8, 2026

(explaining that in the qualified immunity totality of the circumstances analysis, some facts “may not be relevant at all.”) … “Here, the defense of qualified immunity turns on whether Dowdle continued using deadly force by firing shots at Asante-Chioke after he became incapacitated.” Asante-Chioke v.

Burstein v. State Bar of California

503 F. Supp. 227 · District Court, E.D. Louisiana · Dec 18, 1980

personal jurisdiction, failure to establish subject matter jurisdiction, the barring of the complaint by the Eleventh Amendment, the clothing of the defendant with judicial immunity in performing its bar examination function … The activity which plaintiff suggests is sufficient to qualify as “substantial contact” includes: (a) the fact that the State Bar has allowed 89 persons who attended Tulane, Loyola, Southern, or Louisiana State University

Flynn v. Nesbitt

771 F. Supp. 766 · District Court, E.D. Louisiana · Aug 6, 1991

Threefoot and the third-party plaintiffs, unqualifiedly establishes that Dr. Threefoot was acting within his scope of employment. … Clearly, this argument applies to the third-party plaintiffs as well. Like Dr.

Young

District Court, E.D. Louisiana · Aug 13, 2026

Defendants invoked qualified immunity. ECF No. 8. The Court’s March 25, 2026, Scheduling Order scheduled the trial for October 26, 2026, with a discovery deadline of August 7, 2026. … Although the Scheduling Order’s discovery deadline has passed, the parties have delayed fact discovery until resolution of the qualified immunity defense.

Pellegrin

District Court, E.D. Louisiana · Mar 9, 2026

Pellegrin’s claim against Brewester is barred by absolute and/or qualified immunity. See Williams v. … Court clerks have absolute immunity from actions for damages arising from actions they are specifically required to perform by court order or discretionary action, and qualified immunity for routine duties not explicitly

Washington v. Winn-Dixie of Louisiana, Inc.

736 F. Supp. 1418 · District Court, E.D. Louisiana · Mar 29, 1990

Defendant Winn-Dixie of Louisiana, Inc. has established an employee welfare benefit plan under ERISA, 29 U.S.C. §§ 1001-1461 . … Policy that provides a type of Health Expense Insurance for any expense incurred by an Insured Person: A. on account of in connection with: 1. an examination not required for care and treatment of a Sickness or Injury, immunization

Thompson v. Hammond City

District Court, E.D. Louisiana · Dec 30, 2019

that qualified immunity does not apply because he was arrested without probable cause and his arrest was objectively unreasonable in light of clearly established law.66 While conceding that it is undisputed that he … clear that qualified immunity functions as an immunity from suit, rather than a mere defense to liability.85 “[T]he qualified immunity standard ‘gives ample room for mistaken judgments’ by protecting ‘all

Aviles v. United States

696 F. Supp. 217 · District Court, E.D. Louisiana · Oct 6, 1988

The United States, however, argues that it is immune from liability to the serviceman-plaintiff for his alleged damages. … The Coast Guard, though not within the Department of Defense, is clearly a "military service.” 14 U.S.C. § 1 ; United States v.

Cambre

District Court, E.D. Louisiana · Nov 6, 2025

During the July 29, 2025 status conference, Judgment arguing that the Defendants were entitled to Qualified Immunity on Plaintiff’s 1983 Claims of Excessive Force as well as Plaintiff’s state law claims of battery and … was clearly established at the time of the challenged conduct.8 The Court’s Order and Reasons specifically addressed Plaintiff’s §1983 excessive force claim as well as Plaintiff’s state law claims.9 Because of the

Magee v. Reed

District Court, E.D. Louisiana · Feb 5, 2021

“Qualified immunity protects ‘government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … , in light of clearly established law and the and the information the [arresting] officers possessed.’”47 Qualified immunity persists even if the officer “‘reasonably but mistakenly conclude[s] that probable

Thornton v. Lymous

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

immunity” in light of clearly established law.138 III. … 153 Part two asks whether the allegedly violated right is “clearly established.”154 If “the defendant’s actions violated a clearly established constitutional right, the court then asks whether qualified immunity is

Chisholm v. Hood

110 F. Supp. 2d 499 · District Court, E.D. Louisiana · Aug 21, 2000

First, DHH’s practice clearly violates the federal requirement that state agencies make available providers for medically necessary services. … In addition, States must allow all qualified providers to participate in Medicaid.”

Disedare v. Brumfield

District Court, E.D. Louisiana · Oct 10, 2023

But to overcome a defense of qualified immunity, a Plaintiff must show “that the right the official is alleged to have violated must have been ‘clearly established’ in a more particularized .. . sense: The contours of the … The proffered deposition excerpts alone do not overcome the defense of qualified immunity.

Hodge v. Office of Motor Vehicle Louisiana

District Court, E.D. Louisiana · Jun 25, 2024

to qualified immunity on any § 1983 claims; and (4) Palumbo, Huff, and Purpera are entitled to discretionary immunity. … Hodge does not demonstrate that these facts establish a viable cause of action.

Daniels v. Rester

District Court, E.D. Louisiana · Sep 23, 2020

“Qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly establisLhyetlde svt. aBtuextoarry C oour nctoyn, Tsteitxuatsional rights of … In determining whether a governmental official is entitled to qualified immunity, the appropriate inquiry is: (1) whether the plaintiff has demonstrated a violation of a clearly established constitutional right

Connelly v. Veterans Administration Hospital

23 F. Supp. 3d 648 · District Court, E.D. Louisiana · May 15, 2014

However, the defendant has failed to produce any evidence whatsoever to establish that normal cleaning procedures occurred, that maintenance was not called or did not appear at the scene, and that the video tape which clearly … Federal Tort Claims Act “Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” 59 Since “[sjovereign immunity is jurisdictional in nature,” the United States may only be sued with

English v. Phillips

District Court, E.D. Louisiana · Nov 17, 2022

Once a government official asserts qualified immunity, the burden shifts to the plaintiff to “rebut the defense by establishing that the official's allegedly wrongful conduct violated clearly established law and that genuine … In order to defeat qualified immunity the plaintiff must establish (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct

Asante-Chioke v. Dowdle

District Court, E.D. Louisiana · Nov 29, 2023

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.

Smith v. Parish of Washington

318 F. Supp. 2d 366 · District Court, E.D. Louisiana · Mar 26, 2004

There is no evidence before the Court establishing that Charles Brumfield qualifies as an employer under Title VII. In fact, Charles Brumfield is an appointee of the sheriff like any other deputy receiving a commission. … Under this exception, if a particular employee qualifies as part of an outgoing public employer’s “personal staff,” then the incoming employer is generally immune from discrimination claims. See Chinaca v.