Case law

Hicks v. Department of Public Safety & Corrections

District Court, M.D. Louisiana · Mar 30, 2022

’s reversal granting qualified immunity 8 Rec. … of qualified immunity requires the Court to engage in the well-established two-step analysis developed by the Supreme Court in Saucier v.

Batton v. Georgia Gulf

261 F. Supp. 2d 575 · District Court, M.D. Louisiana · May 6, 2003

Everyone agrees — and it is clearly established in the law — that the LDHH, as a non-independent agency of the state of Louisiana, is not a citizen of any state. … In 1991, DHH amended Chapter IX, § 9:045 of the State Sanitary Code to read: "All establishments that sell or serve raw oysters must display signs, menu warnings, table tents, or other clearly visible warnings at point of

Hicks v. Department of Public Safety & Corrections

District Court, M.D. Louisiana · Jan 27, 2020

not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”70 “When a defendant invokes qualified immunity, the burden shifts to the plaintiff to … City of Jackson, a case decided in February 2000.83 Thus, the Jauch court denied qualified immunity to the sheriff in whose custody the plaintiff remained for 96 days.84 Having determined that “there is a clearly established

Marlowe v. LeBlanc

District Court, M.D. Louisiana · Apr 14, 2023

Qualified immunity shields a government official from individual liability for civil damages when the “official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Plaintiff’s personal-capacity claim against Secretary LeBlanc must be dismissed at the first prong of the Fifth Circuit’s qualified immunity analysis—for failure to allege that Secretary LeBlanc violated a clearly established

Courtney

District Court, M.D. Louisiana · Mar 27, 2026

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Here, the Court finds that the facts alleged, accepted as true, may establish an excessive force claim that defeats qualified immunity.

Skinner v. Gautreaux

District Court, M.D. Louisiana · Jul 20, 2021

, to survive a motion to dismiss based on qualified immunity, the plaintiff must allege sufficient facts, which, taken as true, show that the defendant violated his constitutional rights which were clearly established … immunity defense.75 Therefore, based solely on Plaintiff’s failure to adequately allege and support a clearly established right in order to defeat qualified immunity, and without regard to the substantive viability of

Frederick v. LeBlanc

District Court, M.D. Louisiana · May 4, 2020

Qualified Immunity The individual Defendants have asserted the defense of qualified immunity for the individual capacity claims brought against them. In Harlow v. … not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”50 “When a defendant invokes qualified immunity, the burden shifts to the plaintiff to

Dilley v. State of Louisiana

District Court, M.D. Louisiana · Nov 28, 2023

Reinert, Qualified Immunity’s Flawed Foundation, 111 CAL. L. REV. 201 (2023). Restored to its proper place, this clause “unequivocally negate[s] the original interpretive premise for qualified immunity.” … Plaintiff has carried his burden to show that the law was clearly established at the time Trooper Domingue used deadly force against him, and Trooper Domingue’s qualified immunity defense fails.

Frederick v. LeBlanc

District Court, M.D. Louisiana · Jan 18, 2024

immunity ‘protects officers from liability for damages unless they violate clearly established law.’”23 The United States Supreme Court has “mandated a two-step sequence for resolving government officials' qualified immunity … established. . .”29 “The plaintiff bears the burden of negating qualified immunity, but all inferences are drawn in his favor.”30 In denying a summary judgment based on qualified immunity, the Court must explain what

Abshire v. Livingston Parish

District Court, M.D. Louisiana · May 22, 2023

As to the second prong, “[q]ualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. … Taylor does not claim that this right was not clearly established; to the contrary, Dr.

United States v. Edwards

83 F. Supp. 2d 723 · District Court, M.D. Louisiana · Dec 28, 1999

Edmondson, there are two types of immunity — formal/statutory immunity and informal/pocket immunity. In State v. … Moreover, there is insufficient evidence to establish any such “joint” state/federal investigation. Mr.

Mitchell v. City of Central

District Court, M.D. Louisiana · Sep 17, 2021

“In determining whether an official enjoys immunity, we ask (1) whether the plaintiff has demonstrated a violation of a clearly established federal constitutional or statutory right and (2) whether the official's actions … As to the second prong, “ ‘[q]ualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” Kisela v.

Dilley v. State of Louisiana

District Court, M.D. Louisiana · Jan 4, 2023

Qualified Immunity “Qualified immunity shields an officer from liability if his ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable … To overcome qualified immunity, a plaintiff must show that [the officer] (1) violated a constitutional right and (2) that the right at issue was ‘clearly established’ at the time of [the] alleged misconduct

Skinner v. Gautreaux

District Court, M.D. Louisiana · Nov 30, 2020

Qualified immunity shields government officials from individual liability for performing discretionary functions, unless their conduct violates clearly established statutory or constitutional rights of which a … “To overcome the immunity defense, the complaint must allege facts that, if proven, would demonstrate that [the individual defendant] violated clearly established statutory or constitutional rights.” Id. at 995.

Williams v. Town Of Clinton

District Court, M.D. Louisiana · Jun 2, 2023

Qualified immunity shields government officials from individual liability for performing discretionary functions unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … a defense of qualified immunity without prejudicing the defendants who have raised the defense of qualified immunity.

Greene v. Owens-Corning Fiberglas Corp.

682 F. Supp. 304 · District Court, M.D. Louisiana · Mar 24, 1988

While it is undisputed that plaintiff *306 was employed by Owens-Corning and that he was exposed to asbestos products during that employment, it has not been clearly established that such exposure was a contributive cause … Clearly if plaintiff had been injured in a motor vehicle accident caused by defendant’s negligent driver two weeks after the employment terminated, there would be no suggestion of tort immunity.

Skinner v. Gautreaux

District Court, M.D. Louisiana · Mar 24, 2022

the qualified immunity defense turn on the “objective legal reasonableness” of the defendant's conduct examined by reference to clearly established law.46 D. … Thus, under Taylor, a corrections officer should be denied qualified immunity when he commits an obvious constitutional violation even if clearly established law is not directly on point.

United States v. Dozier

543 F. Supp. 880 · District Court, M.D. Louisiana · Jul 16, 1982

Even if the Court is in error regarding the Court’s refusal to grant Dozier judicial immunity in this case, the Court believes Dozier has waived his right to seek judicial immunity. … There was clearly no abuse of discretion here.

Jones v. Gooden

District Court, M.D. Louisiana · Jun 30, 2025

Defendant’s Entitlement To Qualified Immunity Second, Defendant invokes qualified immunity as a defense to Plaintiffs excessive force claim. (See Doc. 106-2 at 6-14). … unreasonable in light of the law that was clearly established at the time of the actions complained of.

Skinner v. Ard

District Court, M.D. Louisiana · Feb 10, 2020

Plaintiffs state that the Deputy is not entitled to qualified immunity because Deputy McLin’s actions were not objectively reasonable in light of the legal rules clearly established at the time of his actions. … “ ‘Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable