Case law

William T. Mason III, et al. v. Eagle, Inc., et al.

District Court, E.D. Louisiana · Sep 3, 2026

Specifically, Defendant invoked the affirmative defenses of government contractor immunity established by Boyle v. … The United States Code clearly states that, “unless the context indicates otherwise . . .

Greater New Orleans Fair Housing Action Center v. St. Bernard Parish

641 F. Supp. 2d 563 · District Court, E.D. Louisiana · Mar 25, 2009

Pielert, 2009 WL 35337 (D.Minn.2009)(noting “ghetto” was a “racially-charged term” in the § 1983 context preventing summary judgment on qualified immunity). … Bernard Parish clearly is an appeal to racial as well as class prejudice. Additionally, even Mr.

Curtis Lanson Mitchell v. Nancy A. Miller, ET AL.

District Court, E.D. Louisiana · Nov 10, 2025

income sources (including social security or unemployment payments4) and the demands on his financial resources, including whether expenses are discretionary or mandatory.5 While one need not be absolutely destitute to qualify … arguable basis in law if it is “based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.”15 A complaint fails to state a claim on

United States v. Original Knights of the Ku Klux Klan

250 F. Supp. 330 · District Court, E.D. Louisiana · Dec 1, 1965

Second, registration is a process for certifying a citizen as a qualified voter in both federal and state elections. … On its face, however, Section 1 of the Fifteenth Amendment clearly establishes a constitutional basis for Congress to protect the unabridged right of all citizens to vote in state elections free from discrimination on account

LeBlanc v. Southern Bell Telephone and Telegraph Co.

333 F. Supp. 602 · District Court, E.D. Louisiana · Oct 4, 1971

The Court believes that both plaintiffs were well qualified to bid for the job of test deskman. … These statutes then clearly regulate a field which Congress has entered by enacting Title VII of the Civil Rights Act of 1964.

Disedare v. Brumfield

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

establish either a manifest error of law or fact or must present newly discovered evidence[,] [which] cannot be used to raise arguments which could, and should, have been made before the judgment issued.”21 A motion for … and different kinds of immunity, immunity from suit and immunity from liability.” 42 A state may waive or “relinquish its immunity from suit while retaining its immunity from liability, or vice versa.”43 When a state

Martin v. Foti

561 F. Supp. 252 · District Court, E.D. Louisiana · Mar 31, 1983

As regards damages, it is well-established that correctional officials are entitled to qualified immunity from damage claims brought under 42 U.S.C. § 1983 , if they reasonably believe in good faith that their conduct is … Such immunity is not available, however, where the constitutional right in question is clearly established and the offenders should have known their conduct was illegal. Procunier v.

Gamble v. Chevron Oronite Company LLC

District Court, E.D. Louisiana · Sep 3, 2019

R.S. 23:1061, and thus Defendants are immune from tort liability for Gamble’s alleged injury. … It does not establish immunity in favor of Chevron from claims for workers’ compensation benefits asserted by injured workers.

Troulliet v. Gray Media Group, Inc.

District Court, E.D. Louisiana · Apr 11, 2023

She argues that natural immunity resulting from a prior infection with COVID-19 is more effective and appears to allege that she had natural immunity to COVID-19. … She argues that Gray pursued its vaccine mandate against religious employees and refused to recognize natural immunity as satisfying its immunization requirement.

Favret v. United States

341 F. Supp. 2d 613 · District Court, E.D. Louisiana · Sep 3, 2004

The IRS also argues that its position was substantially justified and thus Favret cannot qualify as a prevailing party to recover her costs and fees. II. … Because section 7430 is a partial waiver of sovereign immunity, it must be strictly construed in the government’s favor. See Texas Food Indus. Assoc. v. Dep’t of Agric., 81 F.3d 578 , 580 (5th Cir.1996).

Offshore Transportation Corp. v. United States

465 F. Supp. 976 · District Court, E.D. Louisiana · Jan 24, 1979

However, the amendment also clearly made that duty discretionary. Although the plaintiff argues the 1965 amendment did not change the mandatory nature of the marking requirement, that is simply not the law. Lane v. … The discretionary function exemption to the waiver of sovereign immunity does not apply to actions brought under the Suits in Admiralty Act. De Bardeleben Marine Corporation v.

Mid-Gulf Stevedores, Inc. v. Neuman

333 F. Supp. 430 · District Court, E.D. Louisiana · Oct 21, 1971

Upon the establishment of these facts, it is necessary to determine whether those conditions of the claimant’s work caused his stroke. … Sam Nadler was qualified as an expert in the field of internal medicine. Dr.

Rogers v. Jefferson Parish Sheriff's Office

District Court, E.D. Louisiana · Jan 13, 2022

Qualified Immunity Defendants initially argued that Rogers’s section 1983 claims against them should be dismissed because they are entitled to qualified immunity.47 … analysis.”49 Accordingly, the Court denies summary judgment as to whether the arresting officers are entitled to qualified immunity on plaintiff’s excessive-force claim.

Price v. Irons

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

Mar. 20, 2015) (“Claims of absolute and qualified immunity may . . . be 18 See R. Doc. 66 at 7-9. 19 See R. … Miller, 519 F.3d 231, 239 (5th Cir. 2008) (“In 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.”).

Avondale Shipyards, Inc. v. Propulsion Systems, Inc.

53 F.R.D. 341 · District Court, E.D. Louisiana · Sep 29, 1971

established by decisions following Erie Railroad Company v. … In resolving the question of the law applicable to a determination of Propulsion’s capacity to assert the counterclaim, one must start with the proposition that the counterclaim quite clearly is a compulsory counterclaim

Fluker v. Manson Gulf, LLC

193 F. Supp. 3d 668 · District Court, E.D. Louisiana · Jun 16, 2016

In other words, “where undisputed facts reveal that a maritime worker has a clearly inadequate temporal connection to vessels in navigation, the court may take the question from the jury by granting summary judgment or a … Because the plaintiff cannot establish an essential element of his Jones Act negligence claim, summary judgment in C&G’s favor is warranted. B.

Brady v. Falgout

42 F. Supp. 532 · District Court, E.D. Louisiana · Dec 22, 1941

From the foregoing recital, it clearly appears that the conveyance records of the Parish of St. Charles, La. … “Prescription runs against all persons, unless they are included in some exception established by law”, reads Article 3521, R. C. C.

Billiot

District Court, E.D. Louisiana · Jan 26, 2026

contentions are clearly baseless.” Neitzke v. Williams, 490 U.S. 319, 327 (1989); Macias v. Raul A. (Unknown), Badge No. 153, 23 F.3d 94, 97 (5th Cir. 1994). … But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.

United States v. Jack Sabin's Private Club

265 F. Supp. 90 · District Court, E.D. Louisiana · Mar 10, 1967

The advertising by billboard and newspaper clearly invites the public to dine at this establishment. It extolls the virtues of the foods served and the services offered. … All of the advertising still clearly invites the public —not just “members” — to come and dine. 11.

Curtis Lavson Mitchell v. Nancy A. Miller, et al.

District Court, E.D. Louisiana · Jun 12, 2026

Ackal, 954 F.3d 216, 227 (5th Cir. 2020) (“While this court has not generally defined ‘judicial record’ or yet interpreted minutes as a judicial record, it would defy commonsense if the minutes in this case did not qualify … An error then is insufficient to deprive a judge of immunity.121 Rather, for a judge to be deprive on immunity under this exception, she must have acted despite “clearly lack[ing