Case law

Graves v. Cain

District Court, M.D. Louisiana · Apr 19, 2021

While the Court did address Defendants’ qualified immunity defense, it was in the context of a Motion to Dismiss. See (Doc. 43). … Defendants have re-urged their qualified immunity defense on summary judgment and argue that Plaintiff has failed to establish or point to specific facts in the record that support the allegations in Plaintiff’s pleading

Simms v. Young

District Court, M.D. Louisiana · Sep 23, 2024

Qualified Immunity Defendants assert that they are entitled to qualified immunity in connection with Plaintiff’s claims. … Second, the district court looks to whether the rights allegedly violated were clearly established. Id.

McCoy v. McCormick

District Court, M.D. Louisiana · Sep 13, 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 has 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 clear

Haynes v. East Baton Rouge Sheriff's Office

District Court, M.D. Louisiana · Feb 18, 2020

Further, Plaintiff has not overcome 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. Hughes, 138 S.

Campbell v. Bergeron

486 F. Supp. 1246 · District Court, M.D. Louisiana · Mar 17, 1980

The length of their sojourn in the barroom is not clearly established, but they were there certainly for five or six hours. … Finding that plaintiff is unable to establish the right which he asserts, the court need not even discuss the qualified immunity that law enforcement officials are granted in Section 1983 actions.

Falkenheiner v. Legal Aid Society of Baton Rouge, Inc.

471 F. Supp. 429 · District Court, M.D. Louisiana · Jun 8, 1979

In the instant case the qualifications which the Board of Directors must use are clearly and plainly set forth in the defendant’s Work Program. … But in a sex discrimination case it is the burden of the plaintiff to establish, in her prima facie case, that she was, in fact, the victim of “sex” discrimination, and this is true whether the discrimination is a clearly

Landry v. Rogers

District Court, M.D. Louisiana · Sep 26, 2019

to clearly established law”. … in light of clearly established law.

Byrd v. ST. HELENA PARISH POLICE JURY

207 F. Supp. 2d 516 · District Court, M.D. Louisiana · Oct 22, 2001

Should the court seek to determine or establish whether the defendant is entitled to absolute or legislative immunity, the court would violate the purpose and function of Fed.R.Civ.P. 12(b)(6). … Having established the foregoing, the question of whether the defendant is entitled to absolute or legislative immunity is not properly before the court because that would be a direct attack or defense upon the merits of

Kador v. Gautreaux

District Court, M.D. Louisiana · Apr 26, 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.

Robertson v. Neuromedical Center

169 F.R.D. 80 · District Court, M.D. Louisiana · Oct 29, 1996

If only the federal claim had been brought by the plaintiff, federal privilege law would clearly apply. … The federal Health Care Quality Improvement Act of 1986 (HCQIA), *84 42 U.S.C. § 11101 , et seq., provides qualified immunity for persons providing information to a professional review body regarding the competence or professional

Perron v. Travis

District Court, M.D. Louisiana · Mar 29, 2021

Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established … Whether Baudoin or Wilson Violated a Clearly Established Right The Court now turns to the second prong of the qualified immunity analysis— whether the right

Hammond v. Burns

District Court, M.D. Louisiana · Aug 7, 2019

Defendants invoke qualified immunity in response, (Doc. 21). … Qualified immunity protects government officials from civil liability so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Henderson v. Board of Supervisors of Southern University

District Court, M.D. Louisiana · Mar 23, 2022

Defendants also maintain that Brister and Sherrard are entitled to qualified immunity as to this claim “because there was no ‘clearly established’ right on these specific facts.” (Id.) 2. … Sherrard violated a clearly established right.” (Doc. 5-1 at 11.) As a result, Brister and Sherrard are entitled to qualified immunity as to these claims.

Loustalot v. Rice

764 F. Supp. 1080 · District Court, M.D. Louisiana · May 17, 1991

Defendants claim that they made a lawful arrest under a valid warrant issued by an impartial magistrate, or, if there was some defect in the matter, that they are shielded by qualified immunity. … It is equally well established, however, that an officer who knowingly does not place all the facts before the neutral intermediary cannot thereafter rely upon qualified immunity to absolve himself of liability. Hand v.

Lowell v. Ard

District Court, M.D. Louisiana · Oct 1, 2019

Where an officer pleads qualified immunity as a defense, the burden shifts to plaintiff to negate this defense by establishing that the official’s allegedly wrongful conduct violated clearly established law. Bazan v. … Thus, Plaintiff has failed to establish a genuine issue of material fact as to whether qualified immunity applies.

Murray v. LeBlanc

District Court, M.D. Louisiana · Sep 20, 2022

Violations of Clearly Established Law 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 … Qualified Immunity and Discovery Fifth Circuit case law is clear on discovery and qualified immunity.

Hughes v. Arveson

924 F. Supp. 735 · District Court, M.D. Louisiana · Jan 25, 1996

the alternative, that the State Civil Service Commission maintains exclusive jurisdiction of the plaintiffs claims and that, under the Eleventh Amendment, DOE and the individual defendants in their official capacity are immune … The plaintiff was clearly authorized, under the State Civil Service Rules, to appeal her grievances involving alleged racial discrimination to the Commission.

Livingston Downs Racing Ass'n, Inc. v. Jefferson Downs Corp.

259 F. Supp. 2d 471 · District Court, M.D. Louisiana · Sep 23, 2002

World University Inc., 978 F.2d 10, 16 (1st Cir.1992) (“Motions under Rule 59(e) must either clearly establish a manifest error of law or must present newly discovered evidence. … The multiple instances qualify them as a pattern of racketeering activities under § 1961(5), since forty is greater than two.

Pelican Chapter, Associated Builders & Contractors, Inc. v. Edwards

901 F. Supp. 1125 · District Court, M.D. Louisiana · Oct 3, 1995

DISCUSSION OF THE MERITS The Privileges and Immunities Clause The plaintiffs have continued to cite and rely upon jurisprudence relating to the *1133 Privileges and Immunities Clause (Const. Art. … excessive in relation to the local benefits. 16 ANALYSIS Rule One clearly intentionally discriminates against interstate commerce.

Clark v. Hotard

District Court, M.D. Louisiana · May 28, 2024

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.