Case law

Clark v. Hotard

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

Qualified immunity serves to “protect[] government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … In determining whether qualified immunity is appropriate, courts apply a two-prong test asking whether the plaintiff has demonstrated “a violation of a constitutional right” and whether “the right at issue was ‘clearly established

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.)

Spears v. Louisiana

767 F. Supp. 2d 629 · District Court, M.D. Louisiana · Feb 9, 2011

Spears must first establish a prima facie case of discrimination by establishing that she: “(1) is a member of a protected class; (2) was qualified for the position; (3) was subjected to an adverse employment action; and … Dunn told her that LCLE was immune from complaints because of its connections with investigative and judicial bodies and threatened to set plaintiffs son up on charges. Id., pp. 83-84; Plaintiffs Exhibit # 6.

Damond v. Gautreaux

District Court, M.D. Louisiana · Aug 6, 2025

and that defeat a qualified immunity defense with equal specificity.” … Wilson under these circumstances would violate his clearly established constitutional rights.” (R. Doc. 1 at ¶ 67).

Kador v. Gautreaux

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

Deputy Guillot has asserted the defense of qualified immunity. 1. … immunity, the court explained: Plaintiffs must also show that the constitutional violation was clearly established at the time of Hayes's actions.

King v. Califano

484 F. Supp. 861 · District Court, M.D. Louisiana · Feb 20, 1980

(Tr. 7) The legal conclusion of the administrative agency was: “However, in order to establish entitlement to the benefits sought here, it is necessary to establish that Frank E. … (Tr. 7) The Social Security Act establishes a number of statutory presumptions of dependency.

Prather

District Court, M.D. Louisiana · Feb 9, 2026

the defendant violated an actual constitutional or federal statutory right that is clearly established under existing law, and (2) if so, that the defendant's conduct was objectively unreasonable in light of clearly established … The protections afforded by the qualified immunity defense turn on the “objective legal reasonableness” of the defendant's conduct examined by reference to clearly established law.84

Louisiana Real Estate Appraisers Board v. United States Federal Trade Commission

District Court, M.D. Louisiana · Jul 29, 2019

immunity, a state must establish that the anticompetitive act is a clearly articulated state policy, and that such activity is actively supervised by the state.2 (Id.). … Forsyth, 472 U.S. 511, 512 (1985), the Supreme Court found that the denial of qualified immunity was similar to the denial of absolute immunity, and that both are effectively lost if a case is erroneously allowed to proceed

Conway v. Vannoy

District Court, M.D. Louisiana · Mar 3, 2020

Qualified Immunity “In determining whether an official enjoys immunity, we ask (1) whether the plaintiff has demonstrated a violation of a clearly established federal constitutional … “ ‘Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Lefebure v. Boeker

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

Qualified Immunity Boeker asserts the defense of Qualified Immunity as to his own liability for alleged constitutional violations. … 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 a reasonable person would

Clark v. Hotard

District Court, M.D. Louisiana · Jul 29, 2024

Moreover, Plaintiff contends that LPSO’s Defendants’ qualified immunity defense lacks specificity and that, in any event, qualified immunity is not a valid defense at all. (Id. at 13–20.) … LPSO Defendants have similarly provided fair notice of their qualified immunity defense, and the Court should reject Plaintiff’s contention that qualified immunity is not a viable defense as a general matter.

Ducksworth v. MacMurdo

District Court, M.D. Louisiana · Jan 21, 2020

Qualified Immunity Because Dr. MacMurdo asserts qualified immunity, Plaintiff “bears the burden of pleading facts that demonstrate lability and defeat immunity.” Shaw uv. … MacMurdo violated a statutory or constitutional right and (2) the right was clearly established at the time of his conduct. See id. at 417.

Savoy v. Stroughter

District Court, M.D. Louisiana · Mar 25, 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 statutory or constitutional … in light of clearly established law at the time of the violation.

Hicks v. Department of Public Safety & Corrections

District Court, M.D. Louisiana · Dec 17, 2021

Humphrey, 512 U.S. 477 (1994); and (3) LeBlanc and Lawson were entitled to qualified immunity. (R. Doc. 22). … According to Lawson, “clear precedent establishes that defendants continue to benefit from the protections of the defense even if” they were denied qualified immunity after filing a motion to dismiss. (R.

Wiggins v. Stone

570 F. Supp. 1451 · District Court, M.D. Louisiana · Sep 21, 1983

While that issue may be critical to ultimate resolution of the merits of this action, it is clear that injunctive relief may be granted against an official of the state under circumstances where the state itself is immune … Planning and management of instructional and research programs are clearly administrative, not academic, functions.

Roe v. East Baton Rouge Parish School Board

District Court, M.D. Louisiana · Oct 8, 2024

Individual-Capacity Claims and Qualified Immunity Both Narcisse and the Past Board Members assert the defense of qualified immunity for the claims made against them in their individual capacities, which … “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

Voisin v. Georgia Gulf Corp.

245 F. Supp. 2d 853 · District Court, M.D. Louisiana · Nov 4, 2002

Reasonable Accommodation Even if Voisin is a qualified individual with a disability, he has not established that Georgia Gulf failed to reasonably accommodate him for several reasons. … Even assuming there was, the weight of the evidence as detailed above clearly establishes that Voisin was totally and permanently disabled from gainful employment with or without any accommodations.

Hall v. Louisiana

974 F. Supp. 2d 957 · District Court, M.D. Louisiana · Sep 30, 2013

Judge Berrigan further reasoned that under the framework established by the Louisiana Supreme Court in Roberts , a Louisiana state court does not qualify as a juridical person, and thus lacks the capacity to be sued. … "Section 1983 imposes liability on anyone who, under color of state law, deprives a person 'of any rights, privileges, or immunities secured by the Constitution and laws.’

Dorosan v. Stewart

District Court, M.D. Louisiana · Sep 27, 2019

Additionally, Defendants have asserted the defense of qualified immunity. … the defense of qualified immunity.

Haley v. Hosp. Serv. Dist. of W. Feliciana Parish

321 F. Supp. 3d 670 · District Court, M.D. Louisiana · May 30, 2018

the 'best qualified' candidates clearly implies that it selected [the successful candidates] because they were better qualified than [plaintiff]." 92 Because the Defendants in the case at bar have proffered the identical … Pepper's proffered explanation is false or 'unworthy of credence;' or (2) Burrell could try to prove that he is 'clearly better qualified' *682 than the person selected for the position.' 107 The plaintiff in Burrell presented