Case law

Gray v. Louisiana Department of Public Safety & Corrections

District Court, M.D. Louisiana · Feb 6, 2024

“Qualified immunity involves answering two questions: (1) ‘whether the officer violated a constitutional right,’ and (2) ‘whether the “right at issue was ‘clearly established’ at the time of [the] alleged misconduct.” ’ … As to the second part of the qualified immunity analysis, “[t]o determine whether a right is ‘clearly established,’ we ‘first look[ ] to Supreme Court precedent and then to our own.’ ” Parker, 73 F.4th at 407 (quoting Crittindon

Young

District Court, M.D. Louisiana · Dec 4, 2025

Plaintiff’s Third Motion in Limine to Limit Qualified Immunity Instruction to the Jury (Rec. … Doc. 153) is GRANTED; Plaintiff’s Third Motion in Limine to Limit Qualified Immunity Instruction to the Jury (Rec.

Reed v. LeBlanc

District Court, M.D. Louisiana · Feb 3, 2023

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

Williams v. Voorhies

District Court, M.D. Louisiana · Nov 19, 2024

Qualified Immunity Defendants have asserted they are entitled to qualified immunity for the claims of excessive force and failure to intervene.11 The qualified immunity … immunity, the burden shifts to the plaintiff, who “must rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly established law and that genuine issues of material fact exist regarding

Cobbins v. Graham

District Court, M.D. Louisiana · Jul 11, 2022

has asserted the qualified immunity defense. … conclusively establishes that all discovery must be stayed pending resolution of a qualified immunity defense raised in a motion dismiss, but does not end the inquiry here where the defense is asserted via summary judgment

Wingard v. State of Louisiana, Department of Public Safety & Corrections

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

’s constitutional rights and whether the rights allegedly violated were clearly established at the time that the violation occurred.93 The two elements may be analyzed in either order.94 “When a defendant invokes qualified … ; the unlawfulness need only be readily apparent from relevant precedent in sufficiently similar situations.”99 “[A]n official does not lose qualified immunity merely because a certain right is clearly established in the

Burkette v. Travis

District Court, M.D. Louisiana · Jun 10, 2022

of qualified immunity. … Based on the careful procedure established by the Fifth Circuit, discovery will be stayed pending resolution of the qualified immunity defense as to each Defendant. B.

Carter v. Gautreaux

District Court, M.D. Louisiana · Mar 6, 2020

Qualified Immunity Defendants also assert the defense of qualified immunity.74 The Supreme Court established in Harlow v. … rights of which a reasonable person would have known.”75 “When a defendant invokes qualified immunity, the burden shifts to the plaintiff to demonstrate the inapplicability of the defense.”76 A claim of qualified immunity

Jordan v. The City of Plaquemine

District Court, M.D. Louisiana · Dec 19, 2023

immunity. … The qualified immunity doctrine turns the traditional summary judgment burden on its head, requiring Plaintiff—the non-moving party—to “demonstrate the inapplicability of the defense.” Rogers v.

Barker v. The City of Plaquemine

District Court, M.D. Louisiana · Sep 20, 2019

immunity, the burden shifts to the plaintiff to demonstrate the inapplicability of the defense.”83 A claim of qualified immunity requires the Court to engage in the well-established … immunity protects an officer from false arrest/false imprisonment claims is whether “a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information the officer

Ewell v. Petro Processors of Louisiana, Inc.

655 F. Supp. 933 · District Court, M.D. Louisiana · Mar 3, 1987

Section 3(b) of Pub.L. 99-3356 clearly states that subsection (e) shall apply to all “claims” commenced after the effective date. … The complaint contains no reference to a statute containing an express or implied waiver of the government’s immunity from suit.

Henderson v. Board of Supervisors of Southern University

District Court, M.D. Louisiana · Mar 23, 2023

As to the defense of qualified immunity, Plaintiffs argue: [I]t was clearly established in 2020, that the First Amendment prohibited a school from taking adverse action against a student for protected speech. … clearly established at the time.’ ” Cloud v.

North Atlantic Security Company v. Blache

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

Qualified Immunity Alternatively, Blache alleges that North Atlantic cannot show that Blache personally violated a constitutional right that was clearly established at the … in the particular case at hand.”100 “‘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.’”101

McLin v. H & H LURE CO.

102 F. Supp. 2d 341 · District Court, M.D. Louisiana · Jun 2, 2000

The Fifth Circuit went on to note that in order to "qualify for the very narrow intent exception, Louisiana jurisprudence requires a strong link between the employer’s conduct and the employee's injury.” … In this opinion, the Court discussed the trend of lawyers who attempt to avoid statutory tort immunity in industrial accidents.

Meadows v. Odom

360 F. Supp. 2d 811 · District Court, M.D. Louisiana · Mar 3, 2005

The evidence in this case clearly shows Louisiana has rational and legitimate reasons to require those who wish to engage in the floral industry, to pass a test. … , a state’s intent to *825 enhance the floral industry through the challenged legislation is a legitimate government interest which is rationally related to a floral examination requiring licensed florists be qualified in

Futch v. Midland Enterprises, Inc.

344 F. Supp. 324 · District Court, M.D. Louisiana · Jun 22, 1972

Ann Futch, who is the duly qualified personal representative of the deceased, and (3) the said Mrs. … Clearly the plaintiff, who admittedly is neither the personal representative nor the legal representative of the decedent here, has no standing to sue under any of these three statutes.

Barnes v. Vanoy

District Court, M.D. Louisiana · Jan 11, 2024

Qualified Immunity In response to the plaintiff’s allegations, Defendants assert that they are entitled to qualified immunity in connection with Plaintiff’s claims. … Undertaking the qualified immunity analysis, the Court finds that Defendants’ motion should be granted, in part and denied in part.

Young v. LeBlanc

District Court, M.D. Louisiana · Sep 11, 2024

“Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly … Turning to the qualified immunity requirements, Plaintiff argues DPSC Defendants violated clearly established law because, despite their knowledge of CCC’s noncompliance with the Guidelines, and specifically that

Richard v. Gautreaux

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

duties reasonably.”39 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 … which, if true, would overcome the defense of qualified immunity.”50 A plaintiff seeking to overcome qualified immunity “must plead specific facts that both allow the court to draw the reasonable inference that the

McNeal v. Louisiana Department of Public Safety & Corrections

District Court, M.D. Louisiana · Dec 2, 2020

were objectively unreasonable in light of clearly established law at the time of the violation.” … As to the second prong of qualified immunity—Defendants argue that the law is not clearly established that negligent conduct can violate the Fourteenth Amendment. (Id. at 11.)