Case law

Blanchard v. Newton

865 F. Supp. 2d 709 · District Court, M.D. Louisiana · Jun 7, 2012

Eleventh Amendment Immunity The Eleventh Amendment prohibits an individual from suing a state in federal court, “unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity … principles of sovereign immunity by suing a state official, in his official capacity, while clearly seeking retroactive monetary relief that would require the State of Louisiana to act, out of the public treasury, to satisfy

Goudeau v. East Baton Rouge Parish School Board

951 F. Supp. 2d 874 · District Court, M.D. Louisiana · Jul 31, 2012

Defendants contend they are entitled to qualified immunity on all claims. … of clearly established constitutional law.” 55 “[T]he qualified immunity standard ‘gives ample room for mistaken judgments’ by protecting ‘all but the plainly incompetent or those who knowingly violate the law.’ ” 56 *887

Buchanan v. Alexander

284 F. Supp. 3d 792 · District Court, M.D. Louisiana · Jan 10, 2018

Qualified Immunity Defendants also move for summary judgment on claims brought against them in their individual capacities on the assertion of the qualified immunity defense. … immunity for disciplining Vega: [T]he Defendants could reasonably believe that in disciplining Vega for not exercising professional judgment to terminate the episode, they were not violating his clearly established First

Cleveland v. Gautreaux

198 F. Supp. 3d 717 · District Court, M.D. Louisiana · Aug 1, 2016

Lastly, Plaintiffs deny the applicability of the defense of qualified immunity at this time, as they seek damages for objectively unreasonable violations of a clearly established constitutional right. 3. … In general, the defense of qualified immunity shields government agents, sued in their individual capacities, “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Wilkerson v. Stalder

639 F. Supp. 2d 654 · District Court, M.D. Louisiana · Sep 11, 2007

an Eighth Amendment violation.” 74 Qualiñed Immunity The defendants submit that they are entitled to qualified immunity because (1) the plaintiffs have not alleged the violation of a clearly established federal constitutional … Qualified. Immunity Defendants are entitled to qualified immunity only “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

North Atlantic Security Company v. Blache

District Court, M.D. Louisiana · Sep 29, 2022

established federal right that Blache violated by sending the cease-and-desist order, Blache is entitled to qualified immunity.53 A right is “clearly established” only if it “ … Hodgkiss, 11 F.4th 329, 333 (5th Cir. 2021) (“The officer will be entitled to qualified immunity…if the conduct ‘did not violate law clearly established at the time.’”

Lefebure v. Boeker

390 F. Supp. 3d 729 · District Court, M.D. Louisiana · Jun 25, 2019

Qualified Immunity - Individual Capacity Claims As discussed above, Plaintiff failed to address the DA's individual liability under the Equal Protection Clause, the only viable federal constitutional claim asserted, in her … Unlike government officials sued in their individual capacities, municipal entities and local governing bodies do not enjoy immunity from suit, either absolute or qualified, under § 1983. Leatherman v.

Sandefur v. Cherry

547 F. Supp. 418 · District Court, M.D. Louisiana · Aug 18, 1982

Peters testified that “clearly [optometrists] ... have the responsibility of detecting and making preliminary diagnoses of ocular diseases and ocular manifestations of systemic disease.” … Marrionneaux, is it your position that you are qualified to diagnose ocular pathology?

Smith v. Shell Chemical Co.

333 F. Supp. 2d 579 · District Court, M.D. Louisiana · Aug 26, 2004

Qualified Immunity The United States Supreme Court has consistently held that “government officials are entitled to some form of immunity from suits for damages.” 23 Generally, these officials receive only a qualified immunity … , which protects them from liability for civil damages if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” 24 Qualified immunity attempts

Fields v. Department of Public Safety

911 F. Supp. 2d 373 · District Court, M.D. Louisiana · Nov 27, 2012

Further, it is well-settled 5th Circuit law that Title VII has clearly abrogated the States’' Eleventh Amendment immunity. Accord, Pegues v. … To make out a prima facie case for disparate treatment, a plaintiff must establish four elements: (1) she is a member of a protected group; (2) she applied and was qualified for a position; (3) she was rejected; and (4) the

Terrebonne Parish NAACP v. Jindal

154 F. Supp. 3d 354 · District Court, M.D. Louisiana · Dec 8, 2015

Qualified Immunity Under § 1983 Second, the defendants argue that they cannot be liable under § 1983 because they are entitled .to qualified immunity. … The defendants have failed to demonstrate that they are entitled to qualified immunity as a *362 matter of law, and therefore are not entitled to judgment on the pleadings, 1 3.

Nguyen v. Louisiana State Board of Cosmetology

227 F. Supp. 3d 615 · District Court, M.D. Louisiana · Dec 16, 2016

DISCUSSION Cangelosi raises the defenses of absolute immunity and qualified immunity. … QUALIFIED IMMUNITY “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

Cheathon v. Brinkley

822 F. Supp. 1241 · District Court, M.D. Louisiana · Jun 4, 1993

Defendant further asserts that in the event a procedural due process violation did occur, he is entitled to qualified immunity because it was not clearly established at the time of plaintiffs suspension that a tenured civil … In the context of a case involving issues of qualified immunity, “a district court is obligated to grant summary judgment if the law at the time of the actions giving rise to the complaint did not clearly establish a cause

Brossette v. City of Baton Rouge

837 F. Supp. 759 · District Court, M.D. Louisiana · Oct 14, 1993

Defendants then filed a motion for summary judgement based on two grounds: (1) they are entitled to absolute or qualified immunity and, (2) Bros-sette’s claim under 42 U.S.C. § 1983 has prescribed. … This claim is clearly prescribed. Additionally, a review of the Board’s structure reveals that the Board and its individual members are entitled to absolute judicial immunity.

Levy v. Office of the Legislative Auditor

362 F. Supp. 2d 729 · District Court, M.D. Louisiana · Mar 28, 2005

The Office of Legislative Auditor, an arm of the State of Louisiana, has clearly indicated its intent to waive its Eleventh Amendment immunity by removing this suit to federal court. … Is qualified immunity an issue in this case? The Court finds that qualified immunity was properly raised as a defense in the defendants’ answer.

Levy v. Office of the Legislative Auditor

459 F. Supp. 2d 494 · District Court, M.D. Louisiana · Aug 21, 2006

were not clearly established. … The defendants have established all of the elements required for qualified immunity to apply under the facts of this case.

Muhammed v. Board of Supervisors of Southern University

715 F. Supp. 732 · District Court, M.D. Louisiana · May 17, 1989

In this case, the individual defendants plead the defense of qualified immunity in their answer, but do not state qualified immunity as a ground for dismissal in the motion. … There are no supporting documents submitted to establish the truth of these allegations.

Poche v. Gautreaux

973 F. Supp. 2d 658 · District Court, M.D. Louisiana · Sep 17, 2013

The Court clarified that in such instances, “only a qualified immunity is afforded.” Id. … And although Knapper indicates that the District Attorney may be entitled to “a qualified immunity” on Poche’s claims, id., the District Attorney has failed to make this argument.

Aubin v. Columbia Casualty Co.

272 F. Supp. 3d 828 · District Court, M.D. Louisiana · Sep 28, 2017

Sheriff Ard is also not entitled to qualified immunity on the failure to train claim because it is clearly established that non-violent .threats are protected by the First Amendment. … The Court recognizes that the cited cases arise in the qualified immunity context and not under Louisiana law.

Smith v. Thibodeaux

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

Defendants assert the qualified immunity defense.55 The doctrine of qualified immunity “balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly … Request to Delay Ruling on Qualified Immunity Until Discovery In his Opposition, Plaintiff requests that the Court delay ruling on the applicability of the qualified immunity defense until he has been given the