Case law

Imbraguglio v. LeBlanc

District Court, M.D. Louisiana · Mar 22, 2023

Further, Plaintiff’s discussion of qualified immunity is misplaced. … “In determining whether an official enjoys [qualified] 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

Skinner v. Ard

District Court, M.D. Louisiana · Feb 3, 2021

In any event, Sheriff Ard is entitled to qualified immunity. … As to the other prong of the Court’s analysis, “ ‘[q]ualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Poupart v. Department of Public Safety

District Court, M.D. Louisiana · May 28, 2025

A claim is factually frivolous if the alleged facts are “clearly baseless, a category encompassing allegations that are ‘fanciful,’ ‘fantastic,’ and ‘delusional.’” Id. at 32-33. … The Department is also entitled to sovereign immunity with regards to the plaintiff's § 1983 claims.

Anthony

District Court, M.D. Louisiana · Sep 14, 2026

In exchange for the responsibility placed on statutory employers, the statute affords them immunity from tort liability to their statutory employees.”31 “Thus, a principal is immune from tort liability if the contract … R., 34 F.4th at 441 (“[T]he plaintiff bears the burden of showing a qualifying intentional act, and that burden is steep.”).

Tenneco, Inc. Ex Rel. Tennessee Gas Pipeline Co. v. Sutton

530 F. Supp. 411 · District Court, M.D. Louisiana · Dec 9, 1981

The Louisiana enactments clearly stand “as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.” Id., 61 S.Ct. at 404 . … However, the Reeves case is clearly inapplicable under the facts of this case.

In re the Complaint of Ingram Barge Co.

187 F.R.D. 262 · District Court, M.D. Louisiana · Mar 23, 1999

In short, the requirement that an expert’s testimony pertain to “scientific knowledge” establishes a standard of evidentiary reliability. … Such circumstances are clearly distinguishable from tire facts presented to Dr. Brautbar in this case.

Weigle v. AIG Insurance

908 F. Supp. 371 · District Court, M.D. Louisiana · Jul 19, 1995

Thus, the Court is compelled to conduct further inquiry into whether the plan is a qualified ERISA plan. … is well-established in the Fifth Circuit that bare purchases of insurance, without further involvement by the employer in the collection of premiums, administration of the program or submission of claims, does not qualify

Jones v. Gooden

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

Among the defenses asserted by Hooper is the doctrine of qualified immunity. Here, the Magistrate Judge recommends that the Court deny Defendant’s assertion of the defense. (Doc. 21, p.4). … Appx. 301, 308 (5th Cir. 2008) “qualified immunity is not a defense to claims for declaratory and injunctive relief”).

Ledet v. Fischer

548 F. Supp. 775 · District Court, M.D. Louisiana · Aug 18, 1982

It was stipulated at trial that approximately 379,929 persons were qualified recipients of Medicaid in Louisiana as of November, 1980. According to Dr. Paul L. … Under the provisions of 42 C.F.R. § 435.120 , plaintiff qualifies as a “categorically needy” person.

Johnson v. Fluor Corp.

181 F. Supp. 3d 325 · District Court, M.D. Louisiana · Mar 31, 2016

Alternatively, FMS is Immune from Liability Under EIlerth/Faragher Defense The Court, assuming without finding that Johnson could establish a pri-ma facie case of hostile work environment claim for sexual harassment, 50 finds … that FMS would still prevail on summary judgment as it is immune from liability under the EIlerth/Faragher affirmative defense.

Landry v. United Scaffolding, Inc.

337 F. Supp. 2d 808 · District Court, M.D. Louisiana · Sep 27, 2004

In order to establish the first prong of the prima facie case of disability discrimination, the plaintiff must establish that he is a “qualified person with a disability” or was “regarded as having such an impairment” under … Clearly, Landry’s condition cannot be reasonably compared to the plaintiff in Otting.

Harrell v. Turner Industries, Ltd.

901 F. Supp. 1149 · District Court, M.D. Louisiana · Oct 23, 1995

Defendants next argue that plaintiff cannot establish a prima facie case under § 1981 and that, even if plaintiff can do so, he cannot carry his ultimate burden of establishing of establishing race discrimination. … Further, defendants’ discovery responses clearly indicate that in November and December 1993 only white A-Class pipefitters were rehired, followed by a hiring of white and black A-Class pipefitters in early January 1994.

Erdey v. American Honda Co.

96 F.R.D. 593 · District Court, M.D. Louisiana · Jan 17, 1983

Clearly entering the settlement agreement constitutes voluntary abandonment by plaintiff of the action as to these defendants. … The medical malpractice statute establishes a patient’s compensation fund which is available to pay claims in excess of $100,-000 (up to a maximum of $500,000), while the qualified health care provider is self-insured or

Williams v. Louisiana State University and Agricultural and Mechanical College

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

immunity. … For purposes of qualified immunity, the parties debate whether there was a clearly established Fourth Amendment right to be free from malicious prosecution at the time of Williams’ arrest in light of the Supreme

Babinski

District Court, M.D. Louisiana · Apr 7, 2026

Defendants also argue that the Court has already found that they lacked notice of a violation of “clearly established rights,” and thus the depositions are not warranted in light of their qualified immunity defense, which … Doc. 118, pp. 4-5. 28 Plaintiff asserts that qualified immunity, which requires a much higher showing, does not overcome the crime-fraud exception. R.

Pederson v. Louisiana State University

912 F. Supp. 892 · District Court, M.D. Louisiana · Jan 12, 1996

Davis and Joe Dean in their individual capacities on the basis of qualified immunity. (This ruling was subsequently modified by this Court’s ruling of September 14, 1995). See note 17. … The Court, however, subsequently dismissed plaintiffs’ Title DC claims against Joe Dean and William Davis individually for damages holding that they were entitled to qualified immunity.

Ginger Mae, Inc. v. Cisneros

946 F. Supp. 441 · District Court, M.D. Louisiana · Dec 5, 1996

Ginnie Mae administers a mortgage-backed securities program in which it authorizes certain qualifying private entities, typically mortgage companies and banks, to issue securities backed by pools of federally insured or guaranteed … The administrative record establishes that both parties administer mortgage backed securities programs.

Williams v. Franciscan Missionaries of Our Lady Health Systems, Inc.

190 F. Supp. 3d 561 · District Court, M.D. Louisiana · May 27, 2016

The plaintiff must first establish a prima facie case of discrimination by showing that he (1) is a member of a protected class, (2) was qualified for the position, (3) was subjected to an adverse employment action, and ( … Assuming arguendo that the plaintiff could establish a prima facie case, the Court notes that FMOLHS has come forth with clearly legitimate, non-discriminatory reasons for its actions, and Williams cannot offer evidence of

Funes v. Hooper

District Court, M.D. Louisiana · May 11, 2023

immunity. … Certainly, Plaintiff has alleged an underlying Eighth Amendment injury capable of overcoming Warden Hooper’s qualified immunity defense.

Levy v. La. Dep't of Pub. Safety & Corr. & James Leblanc

371 F. Supp. 3d 274 · District Court, M.D. Louisiana · Mar 4, 2019

Parties' Arguments The plaintiffs first argue that they have proven a violation under the RA and ADA *282 by establishing that each plaintiff has a qualified disability, that they are denied access to services, programs, … Further, the use of inmates to interpret is "clearly inadequate" because they are not qualified ASL interpreters and cause impartiality and confidentiality concerns. ( Id. at 17-18).