Case law

Arnold v. Alvarado

District Court, E.D. Louisiana · Apr 12, 2024

Doc. 26-1 at p.9), but their memorandum simply parrots the legal standard for qualified immunity. … Defendants were or should have been on notice that the right of access to the courts was a clearly established right and that a cover-up would violate that right.

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

Ramsey v. Bell Helicopter Textron

717 F. Supp. 1178 · District Court, E.D. Louisiana · Jul 12, 1989

Indeed, to this end the plaintiff has tried to establish through experts that forgetting to remove tie-down ropes is a foreseeable circumstance. … What the facts do establish is that the helicopter was already in peril in its futile attempts to break free of its ties when the allegedly defective phenomenon is alleged to have occurred.

Rowe v. Jewell

88 F. Supp. 3d 647 · District Court, E.D. Louisiana · Feb 13, 2015

This “clearly better qualified” standard sets “a high bar” for plaintiff to meet. Id. at 529. Rowe’s evidence fails to create a disputed fact issue that he was clearly better qualified than Lyncker or Matthews. … , and/or longer tenure with the company does not necessarily make a candidate clearly better qualified.

Zapata Gulf Marine Corp. v. Puerto Rico Maritime Shipping Authority

138 F.R.D. 492 · District Court, E.D. Louisiana · Jul 5, 1991

Clearly, the law of the case is that TMT never filed an effective appeal. … Omni Outdoor Advertising, — U.S. -, 111 S.Ct. 1344 , 113 L.Ed.2d 382 (1991), establishes that Zapata has no cause of action against TMT because TMT is immune from antitrust liability under a doctrine known as Noerr immunity

Iron Workers Mid-South Pension Fund v. Stoll

771 F. Supp. 781 · District Court, E.D. Louisiana · Aug 28, 1991

Qualified Spouse. It is undisputed that Ms. Stoll has not sought to have her status as Mr. Short’s alleged common law spouse established by the Oklahoma courts. … While this Court is of the opinion that Stoll is not the “qualified spouse” of Mr.

Briones v. Genuine Parts Co.

225 F. Supp. 2d 711 · District Court, E.D. Louisiana · Aug 12, 2002

Briones argues that the evidence demonstrates that GPC’s articulated reason for firing Briones, i.e., his dishonesty, is clearly pretextual and a sham. … Briones, on the other hand, argues that he is entitled to judgment as a matter of law because GPC’s proffered reason for terminating him is clearly pre-textual. In Chaffin v. John H.

United States v. Brown

281 F. Supp. 31 · District Court, E.D. Louisiana · Feb 28, 1968

Clearly, in compiling a jury list, it is only a fair cross-section of qualified persons which must be sought. … by an even lesser percentage, is clearly an adequate source, particularly when it is considered that the trend is toward an increase in their representation as time goes on.

Nevarez v. Coleman

District Court, E.D. Louisiana · Jul 7, 2022

The qualified-immunity defense to such claims shields government officials who perform discretionary functions from suit and liability under section 1983, “unless their conduct violates clearly established statutory … 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.

Washington v. Lopinto

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

immunity.70 Pursuant to Schultea, this reply “must be tailored to the assertion of qualified immunity and fairly engage its allegations.”71 Accordingly, considering this precedent, the Court will deny the motion to dismiss … grant Plaintiff leave to amend the Complaint to allege facts “tailored to an answer pleading the defense of qualified immunity.”72 3.

Kerr v. Smith Petroleum Co.

889 F. Supp. 892 · District Court, E.D. Louisiana · Jun 14, 1995

Under these facts, Grasso qualifies as plaintiffs statutory employer and is immune from liability under LSA-R.S. 23:1032(A)(1)(a) 8 and 23:1061 9 and the “classic ‘two-contract’ defense which has been approved” by several … Thus, it is entitled to summary judgment as a matter of law on its defense of immunity from plaintiffs lawsuit. Fed.R.Civ.P. 56(c).

United States v. Fink

703 F. Supp. 503 · District Court, E.D. Louisiana · Dec 19, 1988

He was promised immunity. … Compliance as above indicated by January 31, 1989. .The provisions of 28 U.S.C. section 2255 provide in part that: A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released

Ward v. Turner

150 B.R. 378 · District Court, E.D. Louisiana · Feb 3, 1993

Furthermore, merely allowing a debtor leave to amend his or her exemption schedules does not establish that the property being claimed is in fact exempt; the bankruptcy court must still determine the debtor’s entitlement … Further, debtor Ward should be admonished not to bring a claim for every item of property she owns which might qualify as exempt.

Brock v. Honorable Victor Hugo Schiro

264 F. Supp. 330 · District Court, E.D. Louisiana · Feb 10, 1967

of law. 7 It is clear then that if the Jackson Square complainants are to get relief they must first show that § 2283 is inapplicable, or that the facts of this case constitute one of the many exceptions which have been established … Congress has established several exceptions to § 2283 most of which are not necessarily relevant in reaching a decision in this case. 10 We are left then with the *337 question of whether or not the Civil Rights Statute is

Gulf Oil Corporation v. Tug Kate Malloy

291 F. Supp. 816 · District Court, E.D. Louisiana · Apr 30, 1968

Gosney to answer all of the questions set forth in the deposition of January 2, 1968 would narrow the scope of investigation necessary to establish criminal charges against him. … This immunity from self-incrimination extends not only to answers which would in themselves support a conviction under a criminal statute but also to those answers which would furnish a link in the chain of evidence necessary

Singleton v. Cannizzaro

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

this Court does not believe that any issue involving qualified immunity is currently pending before the Fifth Circuit. … Pipes at the earliest opportunity, for all the reasons (including qualified immunity) urged in the Defendants’ motion to dismiss.

Wright v. Harahan City

District Court, E.D. Louisiana · Feb 19, 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 … Chief Najolia’s qualified-immunity defense.

Moses v. Mahmoud

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

Defendants’ qualified immunity defense In the instant motion, Defendants argue that while “Mr. … .”’> In order to defeat qualified immunity, a plaintiff must show (1) that the defendant violated a statutory or constitutional right, and (2) that the right was “clearly established” as the time of the challenged conduct

Toga Society, Inc. v. Lee

323 F. Supp. 2d 779 · District Court, E.D. Louisiana · Jun 18, 2004

However, officials sued in their personal capacities, unlike those sued in official capacities, may assert personal immunity defenses such as objectively reasonable reliance on existing law or qualified immunity. Id. … Lee is ordered to file a motion as to the issue of qualified immunity on or before July 20, 2003. *796 E.Payment of a Thing Not Due Citing La.

Boudreaux

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

To succeed on a Rule 59(e) motion, a party must “clearly establish either a manifest error of law or fact or must present newly discovered evidence.” Ross v. Marshall, 426 F. 3d 745, 763 (5th Cir. 2005). … Nor does plaintiff address the Court’s qualified immunity determination.