Case law

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

McWaters v. Federal Emergency Management Agency

436 F. Supp. 2d 802 · District Court, E.D. Louisiana · Jun 16, 2006

Sovereign Immunity As stated in the Court’s previous Order dated December 12, 2005, FEMA’s primary defense remains that of sovereign immunity. … FEMA argues that plaintiffs bear the burden of establishing that a waiver of sovereign immunity encompasses their claims, see Lundeen v. Mineta, 291 F.3d 300, 304 (5th Cir.2002), and plaintiffs cannot meet this burden.

MALIKAH ASANTE-CHIOKE v. NICHOLAS DOWDLE ET AL.

District Court, E.D. Louisiana · Jun 11, 2026

The qualified immunity defense has two prongs: (1) whether an official's conduct violated a constitutional right of the plaintiff and (2) whether the right was clearly established at the time of the violation. … A qualified immunity defense alters the usual summary judgment burden of proof; when an official pleads the defense of qualified immunity, “the burden shifts to the plaintiff, who must rebut the defense by establishing

Edwards v. Reynaud

463 F. Supp. 1235 · District Court, E.D. Louisiana · Jan 23, 1979

Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978), the Court held that federal investigative officers had only a qualified good-faith immunity with respect to violations of constitutional rights committed by … plaintiff argues in one conclusory sentence that Reynaud’s actions went beyond the scope of his authority, plaintiff has not contradicted the numerous facts and authorities supplied by defendants which show that Reynaud clearly

Johnson v. Smith

District Court, E.D. Louisiana · Dec 6, 2024

A “clearly established” legal principle for qualified-immunity purposes is established only in certain circumstances: “(1) where it is provided by controlling authority; (2) where it is provided by a robust consensus of … Fifth-Circuit caselaw also makes clear that, when qualified immunity applies to the alleged predicate constitutional violation because it is not a violation of a clearly established constitutional right, qualified immunity

Smith v. Bd. of Commissioners of the La. Stadium

372 F. Supp. 3d 431 · District Court, E.D. Louisiana · Mar 7, 2019

." 138 The ADA clearly states Congress's intent to abrogate state sovereign immunity. 139 In United States v. … Georgia , the Supreme Court established a three-part test to determine whether, in a particular case, Title II's abrogation of state sovereign immunity pursuant to Section 5 of the Fourteenth Amendment is valid. 140 To make

Lamartiniere v. Wilkerson

491 F. Supp. 1285 · District Court, E.D. Louisiana · Jun 18, 1980

However, because we conclude that in any event defendant has a valid qualified immunity defense, we need not decide whether the search itself was illegal. … If defendant violated plaintiff’s Fourth Amendment rights at all, he certainly did not act “with such disregard of the [plaintiff’s] clearly established constitutional rights that his action cannot reasonably be characterized

Mississippi River Fuel Corp. v. Cocreham

247 F. Supp. 819 · District Court, E.D. Louisiana · Nov 30, 1965

It clearly could not legally do this, and it has not attempted to do so. … But, under the Indiana decisions, which have met with the approval of the Supreme Court of the United States, the owner of the land has only a qualified right to the oil and gas beneath the surface — the rights to reduce

Lemly v. St. Tammany Parish Hospital District No. 1

614 F. Supp. 2d 727 · District Court, E.D. Louisiana · Jul 30, 2008

She worked five days a week as an immunization coordinator at the Center. (R. Doc. 25-1 at 15). … The moving party bears the burden of establishing that there are no genuine issues of material fact.

Bordelon

District Court, E.D. Louisiana · Mar 31, 2026

Qualified immunity is applicable unless the official's conduct violated a clearly established constitutional right. Anderson v. Creighton, 483 U. S. 635, 640 (1987). … Even if the evidence supports a conclusion that plaintiff's rights were violated, qualified immunity may still be invoked unless “the government officials violated clearly established statutory or constitutional rights

Asante-Chioke v. Dowdle

District Court, E.D. Louisiana · Dec 20, 2024

There are two prongs of the qualified immunity inquiry: whether a constitutional right was violated, and whether that right was “‘clearly established at the time of the challenged conduct.’” … Supreme Court has made plain that discovery is limited to the “threshold immunity question” of “the currently applicable law [and] whether that law was clearly established at the time the challenged action occurred[.]

Hankins v. Wheeler

District Court, E.D. Louisiana · Sep 6, 2023

Qualified Immunity For lawsuits brought against public officials under 42 U.S.C. § 1983, the Supreme Court has established the doctrine of qualified immunity. … Second, the plaintiff must show that the “violated right was ‘clearly established’ at the time of the alleged violation.” Id. at 329.

Kristy Smith v. Jefferson Parish, et al.

District Court, E.D. Louisiana · Sep 2, 2026

established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”) … qualified immunity.”¢ II.

In Re Fema Trailer Formaldehyde Products Liability Litigation

719 F. Supp. 2d 677 · District Court, E.D. Louisiana · Jun 23, 2010

The Court agrees that as the Mississippi legislature chose to qualify the immunity of state actors engaged in emergency management activities, it easily could have similarly qualified the immunity of private persons in Miss … This Court agrees that even if the Government had established a pattern or practice of providing emergency shelter to certain qualified individuals, this does not make its decision to initially provide shelter any less voluntary

Howard v. Ferrand

District Court, E.D. Louisiana · Jan 20, 2023

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.

Anderson v. Orleans Parish School Board

340 F. Supp. 2d 716 · District Court, E.D. Louisiana · Aug 3, 2004

This clause clearly derogates from laws enacted for the protection of the public interest. … This is as it should be so that the superintendent is not immune from oversight and supervision.

National Treasury Employees Union v. Reagan

651 F. Supp. 1199 · District Court, E.D. Louisiana · Jan 14, 1987

It seems inconceivable to the Court that an action of this type could survive a motion for summary judgment on qualified immunity grounds. ... … immunity.

Wallace v. Calogero

286 F. Supp. 2d 748 · District Court, E.D. Louisiana · Sep 17, 2003

Absolute Immunity Defendants assert that they are absolutely immune from the instant suit based on the doctrines of judicial and legislative immunity. … Judicial Immunity Defendants claim that they are absolutely immune from suit pursuant to the doctrine of judicial immunity. 15 Judicial immunity applies, according to Defendants, because actions taken in regulating lawyers

Brower

District Court, E.D. Louisiana · Mar 31, 2026

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Anderson v. Creighton, 483 U. S. 635, 640 (1987). … Even if the evidence supports a conclusion that plaintiff's rights were violated, qualified immunity may still be invoked unless “the government officials violated clearly established statutory or constitutional rights

Rogers v. Janzen

711 F. Supp. 306 · District Court, E.D. Louisiana · Mar 23, 1989

This case clearly falls within the domestic relations exception to federal jurisdiction. … Finally, summary judgment would be appropriate because Janzen and Under-wager have established that they enjoy absolute immunity from all tort liability for the actions sued upon.