Case law

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.

Gray v. Louisiana Department of Public Safety & Corrections

District Court, M.D. Louisiana · Mar 8, 2023

“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 … Second Prong: Unreasonable under Clearly Established Law “Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Williams v. Town Of Clinton

District Court, M.D. Louisiana · Jan 5, 2024

Constitutional Claims Officer Brown invokes qualified immunity. … The qualified immunity doctrine turns the traditional Rule 12 analysis on its head, requiring Plaintiff—the non- moving party—to establish “the inapplicability of the defense.” Babinski v.

Chelette v. Zachary

District Court, M.D. Louisiana · Sep 25, 2025

When a public official asserts the defense of qualified immunity, the plaintiff has the burden of establishing a constitutional violation and overcoming the defense.61 To meet this burden, a plaintiff must show “(1) that … That violation has been clearly established since Franks.

Miller v. LeBlanc

District Court, M.D. Louisiana · Dec 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 … a defense of qualified immunity without prejudicing the defendants who have raised the defense of qualified immunity.

Owens v. Louisiana State University

District Court, M.D. Louisiana · Feb 17, 2023

of the challenged conduct.”34 The Supreme Court has held that courts may grant qualified immunity on the ground that a purported right was not “clearly established” by prior case law, without resolving the often … beyond debate.”39 “Put simply, qualified immunity protects ‘all but the plainly incompetent or those who knowingly violate the law.’”40 The Supreme Court has repeatedly advised courts “not to define clearly established

Harris v. Travis

District Court, M.D. Louisiana · Mar 31, 2022

Sims violated clearly established law,” Defendants maintain that Sims is entitled to qualified immunity. (Id.) B. Applicable Law 1. … clearly established statutory or constitutional rights.”

King v. Herbert

District Court, M.D. Louisiana · May 12, 2020

Qualified Immunity The LSP Defendants further contend that the claims against them should be dismissed because they are entitled to qualified immunity. … these two questions sequentially; it can proceed with either inquiry first.91 “If the defendant’s actions violated a clearly established constitutional right, the court then asks whether qualified immunity is still appropriate

Jackson v. Gautreaux

District Court, M.D. Louisiana · Mar 9, 2022

has been established, whether the officer's actions were objectively reasonable in light of clearly established law at the time of the alleged misconduct.** A court may begin its analysis of qualified immunity … Because Plaintiff has pled a constitutional violation of a clearly established right, the Court concludes that Deputy Landry is not entitled to qualified immunity at this stage.

Perron v. Travis

District Court, M.D. Louisiana · Sep 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.” See Rogers v. … Plaintiff has also carried her burden to show that the law was clearly established at the time Deputy Wilson used deadly force against Flowers, and Deputy Wilson’s qualified immunity defense fails.

Palay v. Beech Holdings, Inc.

627 F. Supp. 144 · District Court, M.D. Louisiana · Sep 24, 1985

This evidence clearly established that Palay’s employment was for an indefinite period, i.e., until a successor was elected and qualified. … Beech has further established that a successor was elected and qualified on May 23, 1983. *147 After considering this evidence set forth by Beech, the Court finds that Beech has discharged its burden of establishing that

Price v. Brittain

684 F. Supp. 1345 · District Court, M.D. Louisiana · Apr 6, 1988

Nor was there any evidence clearly establishing the extent of defendants’ knowledge relating to reporting of drug pushing. … Nevertheless, the court finds that defendants are entitled to qualified immunity since their conduct did not violate “clearly established” due process rights “of which a reasonable person would have known.” Harlow v.

Fetty v. The Louisiana State Board of Private Security Examiners

District Court, M.D. Louisiana · Jan 31, 2020

As to qualified immunity, Defendants argue that Plaintiffs cannot establish that they acted objectively unreasonable under clearly established law. … “ ‘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.

Spears v. Gautreaux

District Court, M.D. Louisiana · Jun 17, 2020

The Sheriff argues that qualified immunity applies because Plaintiffs cannot establish that the training and or supervision was objectively unreasonable in light of clearly established law when the violation occurred. … Budd are not entitled to qualified immunity because their use of deadly force violated a clearly established constitutional right and was objectively unreasonable under clearly established law. (Id. at 18-19.)

Kling v. Hebert

District Court, M.D. Louisiana · Aug 11, 2020

Plaintiff also asserts a claim of “qualified immunity”,3 averring that the “right to be free from retaliation for the exercise of First Amendment speech has been clearly established for decades and it was objectively unreasonable … When the doctrine of qualified immunity is asserted, the plaintiff must plead facts demonstrating liability, specifically that the official violated his constitutional right and that the right was clearly established at

Escobarrivera v. Vannoy

District Court, M.D. Louisiana · Mar 12, 2021

Specifically, the Magistrate Judge determined that qualified immunity shields Defendants from liability because Plaintiff cannot prove that his continued assignment to CCR violates a clearly established … The lack of clear guidance regarding terms equivalent to Plaintiff’s term is dispositive, and entitles Defendants to qualified immunity, as explained in the Magistrate Judge’s Report.

Rushing v. Yeargain

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

Defendants reiterate their assertion that there was no violation of a clearly established constitutional right to overcome qualified immunity. (Id. at 10.) … established law at the time, and that qualified immunity therefore applies.

Vernell Nelson v. State of Louisiana, et al.

District Court, M.D. Louisiana · Jun 22, 2026

That Defendants are entitled to qualified immunity. … Defendants assert that their conduct did not violate any of inmate Plaintiffs clearly established constitutional or statutory rights of which a reasonable person would have known.

Slaughter v. Torres

District Court, M.D. Louisiana · Mar 22, 2022

Qualified Immunity Next, Plaintiff maintains that he has met his burden to overcome Defendant’s qualified immunity because he has established that Defendant’s actions “were clearly and … To rebut Defendant’s qualified immunity defense, Plaintiff must establish “(1) that [Defendant] violated a federal statutory or constitutional right and (2) that the unlawfulness of the conduct was ‘clearly established