Case law

Clark v. LeBlanc

District Court, M.D. Louisiana · Mar 27, 2023

Gamble) Qualified immunity shields a government official from individual liability for civil damages when the “official's conduct does not violate clearly established statutory … ,” and (2) “whether the right was ‘clearly established.’”

Geller v. City of Baton Rouge

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

Melson, 750 F.3d 481, 485 (5th Cir. 2014) (“[T]his court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to ascertain … immunity claim.”)

Causer v. Ard

District Court, M.D. Louisiana · Sep 29, 2020

Deputy Winburn’s Renewed Motion to Dismiss contends that this bystander liability claim must fail because the Causers “have failed to overcome his defense of qualified immunity.”6 Sheriff Ard’s Motion to Dismiss asserts … Section 1983 Claims and Qualified Immunity To state a claim under Section 1983, a plaintiff must (1) allege a violation of rights secured by the Constitution or laws of the United States and (2

Cigna Healthplan of Louisiana, Inc. v. Louisiana Ex Rel. Ieyoub

883 F. Supp. 94 · District Court, M.D. Louisiana · Apr 17, 1995

Rather, they say, the statute forces PPOs to contract with each qualified provider who is willing to participate, thus spreading a limited pool of patients over an unlimited provider pool. … First, the State claims that it is immune from suit under the Eleventh Amendment. Clearly, the State is not entitled to such a defense under these circumstances.

Andrews v. Nexion Health Management, Inc.

District Court, M.D. Louisiana · Feb 26, 2025

App. 1 Cir. 12/27/23), 381 So.3d 98, 107 (“As the party filing the exception, the burden was on [the defendant] to prove prematurity and initial immunity from suit as a qualified health care provider under the [L]MMA.” … While Plaintiffs do not clearly claim that Defendants intended to injure Mr.

Parker v. Louisiana Department of Public Safety & Corrections

District Court, M.D. Louisiana · Jun 30, 2021

immunity at this stage. … For all these reasons, LeBlanc’s motion to dismiss Plaintiff’s qualified immunity claim will be denied. B.

Herster v. Board of Supervisors

221 F. Supp. 3d 791 · District Court, M.D. Louisiana · Nov 22, 2016

preserve Tenured Faculty Professor Kimberly Arp’s 24 notes taken during the facul *796 ty meetings concerning Herster’s renewal was unwarranted. 25 The Magistrate concluded that the evidence submitted by the parties failed to establish … The Court granted the Defendants’ motion as to the individual Defendants finding they were entitled to sovereign and qualified immunity, As for Plaintiffs’ remaining claims against LSU, the Court denied Plaintiffs' summary

Lewis v. United States of America

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

The Fifth Circuit has explained: Section 702 contains two separate requirements for establishing a waiver of sovereign immunity. See Lujan v. … In order for the agency action to qualify in the waiver of sovereign immunity analysis, a specific agency action must be identified. Alabama-Coushatta, 757 F.3d at 491.

Bright v. Ashcroft

259 F. Supp. 2d 494 · District Court, M.D. Louisiana · Feb 11, 2003

that he is qualified to opine about such matters. … Circuit concluded that “death clearly matters, as the deceased by definition cannot personahy suffer the privacy-related injuries that may plague the living.” 15 Campbell v.

Desselle v. State of Louisiana, Department of Transportation & Development

District Court, M.D. Louisiana · Jun 14, 2021

Plaintiff asserts that he was clearly better qualified than Roussell. … The use of a selection matrix complicates the “clearly more qualified” inquiry.

Reed v. Gautreaux

District Court, M.D. Louisiana · Nov 15, 2019

immunity. … Gusman, 674 F.3d 475, 483-84 (5th Cir. 2012)(stating that qualified immunity should be adjudicated at the earliest possible stage)); see also, Schultea v.

Bourne, Inc. v. Romero

23 F.R.D. 292 · District Court, M.D. Louisiana · Feb 3, 1959

In light of defendants’ behavior, plaintiffs are therefore clearly entitled to have stricken from the record all the allegations of defendants’ answer and response to the request for admissions including defendants’ denial … Owen show that they both have had intensive training in' music and are highly qualified to identify performances of musical compositions. Mr. and Mrs. Owen were present in the Club.

Moss v. Formosa Plastics Corp.

99 F. Supp. 2d 737 · District Court, M.D. Louisiana · Jun 1, 2000

An employee who asks for FMLA leave and who is otherwise qualified, may take up to twelve weeks of unpaid leave. … Clearly, some employees may not be able to return to work at the conclusion of their leave due to their family or medical situation.

George v. Borden Chemicals & Plastics Operating Ltd. Partnership

960 F. Supp. 92 · District Court, M.D. Louisiana · Mar 31, 1997

Federal Question Jurisdiction To support removal, the defendant bears the burden of establishing federal jurisdiction over the state court suit. Carpenter v. … A case “arises under” federal law when a “right or immunity created by the Constitution or laws of the United States [is] an element, and an essential one, of the plaintiffs cause of action.” Franchise Tax Bd. v. Const.

SFI, Inc. v. United States Fire Insurance

453 F. Supp. 502 · District Court, M.D. Louisiana · Jun 19, 1978

Clearly the whole point of requiring any alarm system was to frustrate burglars and lessen the chance or amount of loss, and the resulting liability of the insurance company. … The defendant has the burden of establishing the plaintiff’s lack of due diligence, Board of Education of Charles County v. St.

Whitehead v. Book

641 F. Supp. 2d 549 · District Court, M.D. Louisiana · Oct 17, 2008

Thus, the Louisiana First Circuit’s decision not to address the constitutional question presented by Whitehead is not contrary to, or an unreasonable application of, clearly established federal law. … Butler, 882 F.2d 160 (5th Cir.1989)(A statute is not unconstitutionally vague if it clearly defines the conduct prohibited and the punishment authorized).

Smith v. St. Paul Fire & Marine Insurance Company

344 F. Supp. 555 · District Court, M.D. Louisiana · Jun 22, 1972

The state of the law at the time simply gave rise to honest differences of opinion among qualified competent lawyers. … There is nothing in this case to indicate a lack of diligence on the part of the defendant or a disregard of procedures established by practicing attorneys in this jurisdiction.

Barton v. Gulf States Entertainment

655 F. Supp. 782 · District Court, M.D. Louisiana · Feb 19, 1987

Where a federal district court clearly has Article III jurisdiction over claims against some parties and a state law claim is made against another party which is derived from a common nucleus of operative fact, the court … Since plaintiffs have not even alleged facts to establish the independent § 1983 liability of Gulf States, its motion as to this claim will be granted.

Sibley v. Dick

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

Hearst Trust, 500 F.3d 454, 461 (5th Cir. 2007) (“[I]t is clearly proper in deciding a 12(b)(6) motion to take judicial notice of matters of public record.”). … to establish jurisdiction.”

Hebert v. Ascension Parish School Board

District Court, M.D. Louisiana · Aug 21, 2019

Statutory Immunity Defendant argues alternatively that it is immune from suit under the ADA pursuant to the statutory immunity provided to state officials under La. … States Supreme Court to recognize a qualified good faith immunity for state officers under § 1983.’”151 That same court held previously that “discretionary acts immunity only applies to state law claims.