Case law

Hicks v. Department of Public Safety & Corrections

District Court, M.D. Louisiana · Oct 6, 2021

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 … Accordingly, the Fifth Circuit “has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to ascertain the availability of that

McCord v. Polozola

555 F. Supp. 996 · District Court, M.D. Louisiana · Feb 1, 1983

Section 1915(d) establishes an equitable means for the expeditious disposition of in forma pauperis actions whose lack of worth is obvious. … It is well established that judges are absolutely immune from suit for damages when acting within the scope of their official functions, Stump v. Sparkman, 435 U.S. 349 , 98 S.Ct. 1099 , 55 L.Ed.2d 331 (1978); Slavin v.

Hotard

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

LPSO Defendants then argue that Hotard and Bowden are entitled to qualified immunity. … In sum, Plaintiff has not established that every reasonable officer would know, beyond debate, that their conduct was unlawful under clearly established law.

Skinner v. Gautreaux

District Court, M.D. Louisiana · Nov 7, 2022

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 … The Fifth Circuit recently clarified that all discovery involving a defendant raising the defense of qualified immunity must be stayed until resolution of the defense of qualified immunity: The Supreme Court has now made

Skinner v. Ard

District Court, M.D. Louisiana · Feb 3, 2021

Deputy McLin now claims qualified immunity. … “ ‘Qualified 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.

Watkins v. Gautreaux

District Court, M.D. Louisiana · Jan 28, 2021

Defendant replies that he is entitled to qualified immunity. … For § 1983 and qualified immunity, the issue is (in part) whether every reasonable officer under the circumstances would know that Hammett’s conduct was unlawful under clearly established law.

McNeal v. Louisiana Department of Public Safety & Corrections

District Court, M.D. Louisiana · Apr 18, 2022

“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 … Having established that Plaintiff has met the first qualified-immunity prong, the Court turns to the second prong of the analysis: whether LeBlanc’s actions were objectively unreasonable in light of clearly established

Davis v. Peters

District Court, M.D. Louisiana · Jul 13, 2020

Qualified Immunity Because Defendants assert qualified immunity, Plaintiff “bears the burden of pleading facts that demonstrate liability and defeat immunity.” Shaw v. … The second step of the qualified immunity analysis is to determine whether Plaintiff has claimed a violation of a clearly established constitutional right which was in existence at the time of his incarceration.

Mitchell v. Starks

District Court, M.D. Louisiana · Nov 17, 2022

,” and (2) “whether the right was ‘clearly established.” … Stark’s qualified immunity defense and 12 establish a genuine contest regarding whether Lt.

Sneed v. Louisiana Department of Public Safety and Corrections

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

AG Defendants then say that Plaintiff fails to satisfy the second prong of the qualified immunity analysis: showing that the right was clearly established. (Id. at 17.) … Clearly Established Law Generally 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

Wooten v. Harrell

District Court, M.D. Louisiana · Apr 25, 2024

Page 7 of 20 reasonably.”®© In striking this balance, qualified immunity shields “government officials performing discretionary functions” from civil liability “insofar as their conduct does not violate clearly … established statutory or constitutional rights of which a reasonable person would have known.”°’ When a public official asserts the defense of qualified immunity, the plaintiff has the burden of establishing a constitutional

Babinski v. Queen

District Court, M.D. Louisiana · Aug 17, 2022

established at the time of the violation.63 Babinski offers two arguments as to why qualified immunity should be denied. … Luna, the Supreme Court stated the principles relevant to the clearly established inquiry: The doctrine of qualified immunity shields officials from civil liability

Frederick v. LeBlanc

District Court, M.D. Louisiana · Sep 28, 2021

for damages unless they violate clearly established law.’”35 The United States Supreme Court has “mandated a two-step sequence for resolving government officials' qualified immunity claims.”36 First, a court must decide … Gusman, for example, this Court concluded that Secretary LeBlanc and another supervisory official at DPSC were not entitled to qualified immunity because they were deliberately indifferent to prisoners’ clearly established

Ezell

District Court, M.D. Louisiana · Nov 7, 2025

Qualified Immunity Lt. Seals asserts the affirmative defense of qualified immunity. … does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”57 An “official can raise qualified

Ardoin v. Formosa Plastics Corp.

884 F. Supp. 209 · District Court, M.D. Louisiana · Dec 12, 1994

However, in order to qualify as the plaintiffs statutory employer, the defendant must also show that the work which is the subject of the contract is essential to its trade, business or occupation. … Therefore, the defendant is immune from liability in tort unless the plaintiff proves that he was intentionally injured by the defendant.

Stevenson

District Court, M.D. Louisiana · Jan 8, 2026

was ‘clearly established’ at the time of the challenged conduct.”69 Plaintiff has the burden of proving that the qualified immunity defense is not available by making these two showings.70 … As to the second qualified immunity prong, the rights allegedly violated by Lavespere were clearly established at the relevant time. On this point, the Fifth Circuit in this matter cited Jackson v.

Williams v. City of Baton Rouge

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

Discussion The Police Defendants invoke qualified immunity. … Police officers are entitled to qualified immunity if there is no constitutional violation, or if the conduct did not violate law clearly established at the time. Cole v.

Miller v. LeBlanc

District Court, M.D. Louisiana · Sep 28, 2022

Qualified immunity shields a government official from lability for civil damages “when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … The United States Court of Appeals for the Fifth Circuit has devised a two- pronged test for qualified immunity.

Poullard v. McGloster

District Court, M.D. Louisiana · Jul 10, 2025

Qualified immunity requires a separate analysis for each officer. See id. … “And [the Court] cannot deny qualified immunity without identifying a case in which an officer acting under similar circumstances was held to have violated the Fourth Amendment, and without explaining why the case clearly

Henderson v. Board of Supervisors of Southern University

District Court, M.D. Louisiana · Jul 8, 2022

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 … Accordingly, the Court must stay all discovery with respect to the defendants who have raised the defense of qualified immunity, even discovery pertaining to claims to which the qualified immunity defense does not apply