Case law

Fetty v. The Louisiana State Board of Private Security Examiners

District Court, M.D. Louisiana · Jul 8, 2019

“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 … “ ‘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.

Griffin v. The Louisiana State Board of Nursing

District Court, M.D. Louisiana · Nov 10, 2021

Additionally, Griffin claims the LSBN should be denied qualified immunity because the Board violated a clearly established constitutional or statutory right by denying her credentials and her right to become and work as … As the Board argues, North Atlantic did not involve claims against a State asserting sovereign immunity; rather North Atlantic dealt with claims of absolute and qualified immunity by members of the Louisiana Board of Private

Fletcher v. Louisiana Department of Transportation & Development

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

Defendant moves for Judgment on the Pleadings under Federal Rule of Civil Procedure 12(c) on the basis of sovereign immunity or, in the alternative, that Plaintiff has not established that he is a “qualified … Instead, Plaintiff merely argues that Article XII § 10(A) is an unequivocal waiver of immunity. That is clearly not the case based on the relevant case law.

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

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

State-action immunity from suit is applicable when a state establishes that anticompetitive conduct is created, overseen, and guided by the state, without the influence or control of parties who have not been … To qualify for state-action 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 ([d.).

Skinner v. Ard

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

reasonable in light of clearly established law.” … Sheriff Ard is not entitled to a qualified immunity defense.

Kohler v. Englade

365 F. Supp. 2d 751 · District Court, M.D. Louisiana · Feb 1, 2005

On this issue, the Fifth Circuit has previously held, “[i]n order to constitute a constitutional violation sufficient to overcome the qualified immunity of an arresting officer, the material misstatements and omissions in … Therefore, the omitted facts were not clearly critical to support a finding of probable cause. 2. Reliability of informants.

Kimble v. Moore

District Court, M.D. Louisiana · Feb 14, 2024

Therein defendants asserted that they were entitled to qualified immunity because a freestanding claim for malicious prosecution was not recognized until April 4, 2022, in Thompson v. Clark, 142 S. … Delaware, 438 U.S. 154 (1978), it has been clearly established that a defendant's Fourth Amendment rights are violated if (1) the affiant, in support of the warrant, includes “a false statement knowingly and intentionally

Wells

District Court, M.D. Louisiana · Sep 29, 2025

On July 22, 2025, Plaintiff opposed the Motion to Dismiss, arguing (i) Defendants are not protected by qualified immunity because they obstructed justice and discriminated and retaliated against him, (ii) Defendants are … Welbourn may be dismissed with prejudice as it is clear that any amendment against Welborn would be futile4 as absolute or qualified immunity would apply. V.

Young v. LeBlanc

District Court, M.D. Louisiana · Jun 12, 2025

The LPSC Defendants vaguely argue that “the legal issues [as to liability and qualified immunity] in this case will become clearer and more definite” after the Murray appeal is resolved. (See R. Doc. 93-1 at 6-7). … June 28, 2022) (vacating district judge’s order denying summary judgment based on qualified immunity and remanding for the district court to reconsider).

Mahi

District Court, M.D. Louisiana · Sep 11, 2026

The motions to dismiss raise defenses of, inter alia, Eleventh Amendment immunity, absolute judicial and prosecutorial immunity, and qualified immunity.12 5 R. … all defendants filed motions to dismiss, largely based on different immunity claims.23 Specifically, Landry asserts that he is entitled to prosecutorial immunity and LeBoeuf asserts that he is entitled to qualified immunity

Fernandez v. Louisiana Department of Children and Family Services

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

This Court, relying on Fifth Circuit precedent, routinely stays discovery pending resolution of motions to dismiss raising threshold issues such as qualified immunity. Baxter v. Louisiana, 2022 WL 1509118, at *1 (M.D. … Despite Plaintiffs’ correct assertion of the good cause standard, Defendants in their Reply do not engage with the standard, and clearly have not met the movant’s burden to show good cause for a stay of discovery under

Life Bancshares, Inc. v. Fiechter

847 F. Supp. 434 · District Court, M.D. Louisiana · Nov 3, 1993

The waiver of sovereign immunity provided by this section is explicit and limited. Congress has waived sovereign immunity to allow the association to bring an action requesting the removal of a receiver. … a receiver for Life, the Director determined that Life’s capital was depleted, and there was no reasonable prospect of the institution becoming adequately capitalized without Federal assistance. 55 This determination is clearly

Planned Parenthood Gulf Coast, Inc. v. Kliebert

141 F. Supp. 3d 604 · District Court, M.D. Louisiana · Oct 29, 2015

Assuming “qualified” is truly “ambiguous,” DHH’s interpretation does not meet these established predicates. … For the purposes of a preliminary injunction, their likelihood of success has been established.

Wearry v. Perrilloux

District Court, M.D. Louisiana · Jun 24, 2020

qualified immunity which is most often advanced by law enforcement officers, because “Plaintiff has specifically plead the motive and reasoning for defendants’ alleged fabrication of evidence and coercion of witness testimony … Document Number: 60351 9 suspect, not to identify a suspect or establish probable cause.”62 The court noted that the investigatory/advocatory question entirely “turns on

Williams v. Louisiana State University and Agricultural and Mechanical College

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

the defense of qualified immunity for the first time in his Reply brief. … Palermo did not raise qualified immunity in his Motion.52 To the contrary, he conceded that Williams’ individual capacity claim against him was viable at the Rule 12(b)(6) stage, and he cannot raise the qualified immunity

Slaughter v. Torres

District Court, M.D. Louisiana · Mar 14, 2023

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 … The Fourth Amendment right to be free from false arrest is clearly established. See Club Retro, L.L.C. v.

SPRINGTREE APARTMENTS v. Livingston Parish Council

207 F. Supp. 2d 507 · District Court, M.D. Louisiana · Sep 21, 2001

Plaintiff offered the expert testimony of a qualified real estate appraiser who was of the opinion that the Livingston Parish apartment rental market will not support rentals in the completed project in amounts sufficient … The injunction in this case clearly will not disserve the public interest, it will promote the public interest.

Roberts v. Lessard

District Court, M.D. Louisiana · Sep 21, 2021

As such, Plaintiff’s motion for summary judgement on qualified immunity is denied. (Doc. 73 at 7-8). … Seizing on the Circuit’s qualified immunity analysis, Defendants re-urge dismissal on the merits, asserting that they reasonably discharged their legal duty to Plaintiff by “turning him over to medical personnel.”

Thomas v. Gryder

District Court, M.D. Louisiana · Nov 6, 2019

Gryder is not Entitled to Qualified Immunity for the Period of August 18, 2016 through January 13, 2017 “A public official is entitled to qualified immunity unless the plaintiff demonstrates that (1) the defendant … violates that right.”58 However, “[a]n official that violates a constitutional right is still entitled to qualified immunity if his or her actions were objectively reasonable.”59 “There is a clearly established right

Tennart v. Baton Rouge

District Court, M.D. Louisiana · Sep 7, 2022

was a violation of clearly established law. … reasonable officer in Lemmons’ position would know that his conduct was unlawful under clearly established law.