Case law

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.

Stroebel v. Rainwater

742 F. Supp. 2d 870 · District Court, E.D. Louisiana · Oct 8, 2010

It is axiomatic that the Eleventh Amendment “bars an individual from suing a state in federal court unless the state consents to suit or Congress has clearly *873 and validly abrogated the state’s sovereign immunity.” … This Court has previously held that as an agency of the State of Louisiana, the Louisiana Recovery Authority qualifies as the "state” for purposes of Eleventh Amendment immunity.

Dixie Brewing Co. v. U.S. Department of Veterans Affairs

952 F. Supp. 2d 809 · District Court, E.D. Louisiana · Jun 10, 2013

By relying on the Tucker Act, which no longer confers jurisdiction on this Court, Dixie cannot establish federal question jurisdiction or waiver of sovereign immunity. C. … The case literature clearly establishes the four prerequisites for the issuance of an injunction.

Bennett v. City of Slidell

518 F. Supp. 59 · District Court, E.D. Louisiana · Apr 3, 1981

Navaretta, 434 U.S. 555, 561 , 98 S.Ct. 855, 859 , 55 L.Ed.2d 24 , relied upon by the defendants as the basis for their claim to “absolute” immunity is inapposite, inasmuch as it speaks to “qualified” immunity only. … Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974) (officers of the executive branch are to receive qualified immunity for acts of official conduct). Judgment will be entered accordingly.

Delta Commercial Fisheries Ass'n v. Gulf of Mexico Fishery Management Council

259 F. Supp. 2d 511 · District Court, E.D. Louisiana · Apr 23, 2003

If the Secretary determines that a submitted individual is not qualified under the statute, the Secretary is responsible for notifying the appropriate Governor. … The United States, in the absence of its consent, is immune from suit. 17 Furthermore, “the terms of its consent to be sued in any court define that court’s jurisdiction to entertain the suit.” 18 A waiver of sovereign immunity

Pick v. American Medical Systems, Inc.

958 F. Supp. 1151 · District Court, E.D. Louisiana · Feb 27, 1997

He indicated repeatedly that he is not qualified to draw such a conclusion. … According'to him, it allows him to see the cells more clearly.

School Board of the Parish of St. Charles v. Quala Systems, Inc.

159 F. Supp. 2d 295 · District Court, E.D. Louisiana · Mar 30, 2001

Defendant argues that, under Supreme Court jurisprudence, the Tax Injunction Act is clearly inapplicable to the facts of this matter. … As to the Eleventh Amendment argument, it points out that plaintiffs, as political subdivisions, do not qualify as the state for purposes of the Eleventh Amendment.

Danos v. Jones

721 F. Supp. 2d 491 · District Court, E.D. Louisiana · Jul 8, 2010

Furthermore, fundamental to Danos’s attempt to avoid the application of sovereign immunity is the fact that “to qualify for the ultra vires exception, [Danos] must assert a viable cause of action.” Howe v. … Accordingly, Danos has also failed to establish the unconstitutional acts basis for the Larson ultra vires exception to sovereign immunity. 6 V.

Guillory v. Administrators of Tulane University of Louisiana

203 F. Supp. 855 · District Court, E.D. Louisiana · Mar 28, 1962

Clearly, the administrators of a private college are performing a public function. They do the work of the state, often in the place of the state. 12 Does it not follow that they stand in the state’s shoes? … Needless to say, the instant decision offers no justification for a policy of admitting qualified Negro applicants “on a controlled basis.”

In Re Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010

747 F. Supp. 2d 704 · District Court, E.D. Louisiana · Oct 6, 2010

Defendants argue that § 1349 of the Outer Continental Shelf Lands Act (“OCS-LA”) clearly supports this Court’s original subject matter jurisdiction. … Maine, 527 U.S. 706, 728-29 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999) (stating the amendment merely confirmed, rather than established, the principle of sovereign immunity); Federal Maritime Commission v.

Forman v. Ours

804 F. Supp. 864 · District Court, E.D. Louisiana · Oct 8, 1992

Immunity is either absolute and qualified, and the function an official performs determines which form of immunity applies. … Absolute immunity is granted when officials, because of their specialized functions, require greater protection than qualified immunity affords. 6 Absolute immunity is most commonly given to those who perform prosecutory,

Meadows v. Dickson Welding, Inc.

593 F. Supp. 1320 · District Court, E.D. Louisiana · Sep 28, 1984

So long as general contractors have not defaulted on this statutory obligation to secure back-up compensation for subcontractor employees, they qualify for § 5(a)’s grant of immunity.” — U.S. at-, 104 S.Ct. at 2836 . … The Supreme Court clearly recognized that a party’s status as “general contractor” necessitates a factual inquiry; the Court noted: “Whether WMATA serves as the general contractor of the entire Metro construction project

Arce v. La. State

306 F. Supp. 3d 897 · District Court, E.D. Louisiana · Nov 16, 2017

Tex. , 410 F.3d 236 , 240-41 (5th Cir. 2005) (" 'Eleventh Amendment immunity' is a misnomer, ... because that immunity is really an aspect of the Supreme Court's concept of state sovereign immunity and is neither derived … Georgia , the Supreme Court established a three-part test for addressing whether Title II validly abrogates [S]tate sovereign immunity in a given case.

Hahn v. City of Kenner

984 F. Supp. 436 · District Court, E.D. Louisiana · Oct 20, 1997

However, since both parties analyze the standard for qualified immunity in Section 1983 cases in- their motions on summary judgment, this Court will assume that such a claim is still asserted. … As no Section 1983 action is maintainable, any discussion of qualified immunity under Section 1983 jurisprudence is moot.

Southern Bridge Co. v. Department of Highways

319 F. Supp. 948 · District Court, E.D. Louisiana · Dec 17, 1970

If any of the several states elects to waive its sovereign immunity and consent to being sued as such, it may limit or otherwise qualify such consent only to those suits prosecuted against it in its own courts while at the … same time retaining immunity against suit in federal court.

McNeely v. Walsh

2 F. Supp. 2d 829 · District Court, E.D. Louisiana · Feb 12, 1998

Fourth, defendant is entitled to qualified immunity under Louisiana defamation law. A. ANALYSIS 1. … Qualified Immunity Under Louisiana State Law Defendant’s last grounds for summary judgment is that the defendant is qualifiedly immune under Louisiana law.

Leckelt v. Board of Commissioners of Hospital District No. 1

714 F. Supp. 1377 · District Court, E.D. Louisiana · Mar 15, 1989

The plaintiff must establish a pri-ma facie case by showing that he is a handicapped person within the meaning of the Act that he is qualified for employment at TGMC apart from his handicap and that he was discharged from … not otherwise qualified.

In re Chinese-Manufactured Drywall Products Liability Litigation

168 F. Supp. 3d 918 · District Court, E.D. Louisiana · Mar 10, 2016

There is clearly a significant relationship between CNBM Group and the other Chinese entities, including Taish-an. The question is whether this is sufficient to overcome the protection of immunity provided under FSIA. … NO STATUTORY EXCEPTION TO SOVEREIGN IMMUNITY APPLIES TO CNBM GROUP Under FSIA, a plaintiff can overcome a foreign state’s presumptive immunity from suit by establishing one of the statute’s exceptions to immunity.

STROEBEL v. Rainwater

742 F. Supp. 2d 870 · District Court, E.D. Louisiana · Oct 8, 2010

It is axiomatic that the Eleventh Amendment "bars an individual from suing a state in federal court unless the state consents to suit or Congress has clearly *873 and validly abrogated the state's sovereign immunity." … NOTES [1] This Court has previously held that as an agency of the State of Louisiana, the Louisiana Recovery Authority qualifies as the "state" for purposes of Eleventh Amendment immunity.

Grant v. Gusman

District Court, E.D. Louisiana · Mar 31, 2021

Katz, to overcome the qualified immunity defense raised by DOC Defendants, Plaintiff must show: (1) a violation of his constitutional rights and (2) the allegedly violated right is “clearly established” in that … of qualified immunity for a claim against a supervisory official like Secretary LeBlanc, a court “must consider whether [Secretary LeBlanc’s] actions were objectively unreasonable in light of the clearly established law