Case law

Central Claims Service, Inc. v. Computer Science Corp.

706 F. Supp. 463 · District Court, E.D. Louisiana · Feb 10, 1989

Computer Science Corporation is clearly FEMA’s fiscal agent. … Here are the court’s words: The type of case before us presents the strongest arguments for extending qualified immunity to private party defendants.

Vu v. Meese

755 F. Supp. 1375 · District Court, E.D. Louisiana · Jan 8, 1991

legal rules that were ‘clearly established’ at the time it was taken ... … The plaintiffs contend that the clearly illegal act on the part of the variously named defendants which defeats their claim for qualified immunity is the enforcement of the Zero Tolerance policy.

Elliott v. Perez

561 F. Supp. 1325 · District Court, E.D. Louisiana · Mar 31, 1983

at all, qualified or absolute. … To benefit from this qualified immunity Perez must show that he was acting in good faith.

Terry v. City of New Orleans

523 F. Supp. 2d 486 · District Court, E.D. Louisiana · Oct 18, 2007

Qualified Immunity 1. … Qualified immunity protects police officers charged with discretionary duties from suit unless their conduct violates a clearly established constitutional right. 19 The burden is on the plaintiff to overcome a defendant’s

Folse v. Delgado Community College

776 F. Supp. 1133 · District Court, E.D. Louisiana · Oct 29, 1991

Qualified Immunity. The individual defendants herein argue that they are protected by qualified immunity. An official is protected by qualified immunity if his actions were reasonable under the law. Anderson v. … Holladay, 133 F.R.D. 487, 495 (S.D.Miss.1990) stating: Once a section 1983 plaintiff establishes that the law defining the allegedly violated right was clearly established at the time of the alleged violation, the qualified

Matter of Frazier

594 F. Supp. 1173 · District Court, E.D. Louisiana · Sep 13, 1984

The certificates state that Frazier is qualified to practice in the courts of this state, not that he is qualified to practice in all courts located in this state. … Yet Local Rule 21.2 requires only that a nonresident attorney admitted to practice in Louisiana must establish an office in Louisiana in order to qualify for admission to the Eastern District bar.

Mathai v. Board of Supervisors of Louisiana State University

959 F. Supp. 2d 951 · District Court, E.D. Louisiana · Jul 17, 2013

Nelson contends that plaintiffs complaint fails to overcome his assertion of qualified immunity. … Qualified immunity shields public officials from suit and liability under § 1983, “unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known.”

West v. Congemi

28 F. Supp. 2d 385 · District Court, E.D. Louisiana · Nov 23, 1998

by the defendant was “clearly established” at the time the defendant acted. … The final step in a determination of qualified immunity is whether the constitutional right asserted by the plaintiff to have been violated by the defendant was “clearly established” at the time the defendant acted.

Richard v. City of Harahan

6 F. Supp. 2d 565 · District Court, E.D. Louisiana · Jun 30, 1998

Qualified Immunity Government officials who perform discretionary functions are entitled to qualified immunity shielding them from individual liability as long as their actions do not violate clearly established statutory … Mark’s consent was clearly not voluntary, especially in light of his attorney’s subsequent demand that the police leave the premises. Accordingly, the court finds that Kuhn is not entitled to qualified immunity. B.

Williams v. Champagne

13 F. Supp. 3d 624 · District Court, E.D. Louisiana · Apr 6, 2014

Excessive Force: Counts 4 and 6 Defendants assert qualified immunity to Plaintiff’s excessive force claims. … immunity analysis requires the Court to consider whether the two triable incidents of excessive force (the alleged hair-pulling outside his cell and the “suicide chair”) were objectively reasonable in light of clearly established

Williams v. Recovery School District

859 F. Supp. 2d 824 · District Court, E.D. Louisiana · Mar 15, 2012

A legally sufficient complaint must establish more than a “sheer possibility” that plaintiffs claim is true. Id. … Moreover, RSD’s organizing statute clearly states that RSD “shall be administered by the state Department of Education, subject to the approval of the State Board of Elementary and Secondary Education.”

Truett v. St. Tammany Parish Fire District 12

909 F. Supp. 2d 552 · District Court, E.D. Louisiana · Sep 24, 2012

Guillot and Krentel’s claims of qualified immunity The doctrine of qualified immunity protects government officials from liability for civil damages to the extent their conduct does not violate clearly established statutory … Unlike absolute immunity, the plaintiff seeking to' avoid the affirmative defense of qualified immunity bears the burden to demonstrate the inapplicability of the defense. Id.

Robinson v. St. Tammany Parish Public School System

983 F. Supp. 2d 835 · District Court, E.D. Louisiana · Oct 18, 2013

Darouse is Not Entitled to Qualified Immunity. … Robinson argues that Darouse cannot be entitled to qualified immunity because a reasonable person in his position “would have known — and should have known— that he was in stark violation of clearly established law.” 32 Specifically

Finkelstein v. Barthelemy

678 F. Supp. 1255 · District Court, E.D. Louisiana · Feb 8, 1988

The law is well established that “[qualified immunity protects ‘individuals acting within the bounds of their official duties, not the governing bodies on which they serve.’ ” 47 C. … Qualified Immunity The parties do not dispute what elements constitute this defense.

Herrera v. Medical Center Hospital

241 F. Supp. 2d 601 · District Court, E.D. Louisiana · Aug 5, 2002

Qualified Immunity Defendants assert that each of the individuals named in the suit are entitled to qualified immunity. 7 Qualified immunity shields government officials from civil liability for damages based upon the performance … the official’s wrongful conduct violated clearly established law.

Ehlinger & Associates. v. Louisiana Architects Ass'n

989 F. Supp. 775 · District Court, E.D. Louisiana · Jan 5, 1998

The Supreme Court also established in Hallie that when a municipality is acting pursuant to a clearly expressed state policy, it is immune from antitrust liability even if the state did not actively supervise the execution … By authorizing the LASB to award contracts without regard to price competition and to “allocate work among those desirous and qualified” to do it, the legislation clearly foresaw that competition in the economic sense would

Noakes v. Department of Homeland Security

District Court, E.D. Louisiana · Oct 18, 2022

Rubin, 77 F.3d 777, 781 (5th Cir. 1995) (“[F]iling an administrative complaint is clearly protected activity”). … What does and does not constitute an adverse action in this context is clearly established, see id., and even a generous interpretation of “formal reprimand” does not encompass TSA’s decisions to simply stop investigating

Warner v. Board of Trustees

277 F. Supp. 736 · District Court, E.D. Louisiana · Dec 19, 1967

These cases hold that to confer jurisdiction a complaint must present a substantial federal question and the lack of substantiality may be obvious because previous decisions clearly show the complaint to be without merit. … The case may then be said to have fully established the doctrine that an officer of a state may be enjoined from executing’ a statute of the state which is in conflict with the constitution of the United States, when such

Travelers Health Network v. Orleans Parish School Board

842 F. Supp. 236 · District Court, E.D. Louisiana · Jan 7, 1994

Second, even when plaintiff can establish a federal right, the defendant may show that Congress foreclosed any § 1983 remedy for its violation. … First, certain provisions of the Act were designed “to provide assistance and encouragement for the establishment and expansion of health maintenance organizations____” S.Rep.

Reyes v. Sazan

981 F. Supp. 973 · District Court, E.D. Louisiana · Oct 27, 1997

If plaintiffs can prove their assertions, such behavior would violate clearly established constitutional rights and the Troopers and possibly the Supervisors would not be entitled to qualified immunity. … Thus defendants are not entitled to a dismissal based on qualified immunity.