Case law

Magee v. Reed

District Court, E.D. Louisiana · Mar 4, 2020

Reed’s reply further asserts that Magee was not involved in his federal prosecution and that he is entitled to absolute and qualified immunity. Id. … Implicit in the Fifth Circuit’s considerations were the issues of absolute and qualified immunity.

Landry v. Specialty Diving of Louisiana, Inc.

299 F. Supp. 2d 629 · District Court, E.D. Louisiana · Sep 26, 2003

Plaintiff, therefore, clearly falls short of the thirty percent required by Chandris for seaman status. … Plaintiffs attempts to use Little and Wisner to support his claim that he qualifies for seaman status is questionable.

Caster v. Miller

39 F. Supp. 120 · District Court, E.D. Louisiana · May 31, 1941

It is established that in addition to these funds, Mrs. … Caster, Trustee in Bankruptcy, was elected Trustee on February 8, 1937, and qualified as such on February 9, 1937. 5.

Ledet v. Terrebonne Parish Jail

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

Finally, Moving Defendants argue that Plaintiff cannot point to any clearly established law to defeat the qualified immunity defense.25 Moving Defendants assert that their actions clearly demonstrate a continuing effort … 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 person would

Oliver v. Gusman

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

qualified immunity defense with equal specificity.” … “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,

Lewis v. Smith

District Court, E.D. Louisiana · Aug 2, 2019

.39 Qualified immunity protects a government official from liability for civil damages if his conduct does not violate “clearly established statutory or constitutional rights … In evaluating a claim of qualified immunity, courts consider: “(1) whether an officer’s conduct violated a federal right and (2) whether this right was clearly established.” Charlot, 757 F.

Ferman v. United States

790 F. Supp. 656 · District Court, E.D. Louisiana · Apr 20, 1992

In the court’s view, plaintiff simply fails to establish that, under the relevant jurisprudence, a constitutional violation has occurred. 1. … The United States Constitution and jurisprudence interpreting it clearly permit Congress to legislate rationally in establishing a tax revenue base.

Badalamenti v. Louisiana Department of Wildlife and Fisheries

District Court, E.D. Louisiana · Feb 11, 2020

The Eleventh Amendment prohibits an individual from suing a state or a state agency in federal court “unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity.” … Qualified Disability First, Defendants argue that Plaintiff has not alleged facts to support a finding that he is a qualified individual with a disability under Title II.

Disedare v. Brumfield

District Court, E.D. Louisiana · Apr 8, 2024

the issues of qualified immunity with respect to Plaintiff’s Section 1983 claims against the Defendant officers for unconstitutional conditions of confinement, bystander liability for failure to prevent unconstitutional … law negligence claims.21 The Defendant officers now move the Court to “modify the scheduling order for the limited purpose of allowing the[m] . . . to file a motion for summary judgment on qualified immunity from Plaintiff

New Orleans Electrical Pension Fund v. Newman

784 F. Supp. 1233 · District Court, E.D. Louisiana · Jan 31, 1992

Newman qualifies as the surviving “Qualified Spouse” of Frank F. Newman, Sr. as that term is defined under § 5.03(b) of the Plan. … Bakery and Confectionery Union and Industry International Pension Fund, 791 F.2d 548 (7th Cir.1986) is clearly distinguishable.

Johnson v. Secretary of/and U. S. Department of Housing & Urban Development

544 F. Supp. 925 · District Court, E.D. Louisiana · Sep 3, 1981

Landrieu, supra, the court held that the “sue and be sued” language of Section 1702 constitutes a qualified waiver of sovereign immunity in suits against the Secretary that relate to his duties under the National Housing … Since Johnson does not rely on the Tucker Act to establish a waiver of sovereign immunity, he is not subject to the limitations of that Act, which restrict the subject-matter jurisdiction of the district courts.

Hodge v. Office of Motor Vehicle Louisiana

District Court, E.D. Louisiana · Mar 26, 2024

. § 1915; (2) OMV is not an entity capable of being sued; (3) the State of Louisiana, through OMV is entitled to sovereign immunity as to any claims made under 28 U.S.C. § 1983; (4) Porter is entitled to qualified immunity … Hodge does not demonstrate that these facts establish a viable cause of action.

Bush v. Orleans Parish School Board

194 F. Supp. 182 · District Court, E.D. Louisiana · May 4, 1961

The Legislature clearly wants parents and teachers, and other interested persons, to understand that they will be punished if they have any contact with an integrated school. … The principle is well established in Louisiana that a criminal enactment which is so vague and indefinite as to fail properly to inform the public of the conduct sought to be prohibited is null as violative of the Louisiana

State of Louisiana v. Weinberger

369 F. Supp. 856 · District Court, E.D. Louisiana · Nov 30, 1973

On examination of Title III-A of the NDEA, 20 U.S.C.A. § 442 (a)(1) provides for an allotment to be apportioned *863 among the States in accordance with a ratio established in § 442(a)(2). … Clearly neither of these allotments comply with the Congressional intent set forth above. See, Commonwealth of Massa *864 chusetts v. Caspar W. Weinberger, supra, at p. 6.

Kerr v. Smith Petroleum

896 F. Supp. 608 · District Court, E.D. Louisiana · Aug 21, 1995

Since the filing of these cross-motions, the Court has ruled that all defendants were entitled to summary judgment on plaintiffs' claims because the defendants were entitled to tort immunity as plaintiff Jerry Kerr's statutory … The Court finds that the language of § 13.4.6 of Appendix E of the agreement quoted above clearly shows that the "additional insured" requirement is separate and apart from any indemnity agreement.

Vega v. Gusman

District Court, E.D. Louisiana · May 17, 2021

qualified immunity. … in light of clearly established law at the time of the violation.”74 Asserting a qualified immunity defense initiates a “procedure under which a district court may defer its qualified immunity ruling if further

Vega v. Gusman

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

Immunity. 1 R. … and that his actions that evening were “reasonable” under the circumstances in light of clearly established law.44 The Fifth Circuit has determined that reasonableness of an officer’s use of force is a legal conclusion

Heath v. City of New Orleans

320 F. Supp. 545 · District Court, E.D. Louisiana · Jan 16, 1970

No person is immune from prosecution in good faith for his alleged criminal acts. … Reitman is clearly distinguishable from the' ease at bar.

Rhyce v. Martin

173 F. Supp. 2d 521 · District Court, E.D. Louisiana · Apr 9, 2001

Qualified Immunity Defendants next contend that Ms. Rhyce’s § 1983 claims should be dismissed against the individual defendants on the basis of qualified immunity. As the Fifth Circuit stated in Fontenot v. … Cormier, 56 F.3d 669, 673 (5th Cir.1995) (internal citation omitted), the examination of a claim of qualified immunity is a two-step inquiry: First, a court must determine whether plaintiff has alleged a violation of a clearly

Decou-Snowton v. Jefferson Parish

District Court, E.D. Louisiana · Sep 15, 2022

Qualified Immunity 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 … In response to the affirmative defense of qualified immunity, the Court stated that it was “premature” to issue a ruling on the merits of the issue, allowing Plaintiff to conduct discovery on the issue of qualified immunity