Case law

Jackson v. Department of Public Safety for Louisiana

675 F. Supp. 1025 · District Court, M.D. Louisiana · Dec 27, 1985

The motion for summary judgment claims that under the undisputed facts, defendants are entitled to a qualified immunity from suit as a matter of law. … Nor do we address the issue of defendants’ qualified immunity, other than to note that we find that there has been no violation of law, established or otherwise, by any defendant.

Thorne v. Jones

585 F. Supp. 910 · District Court, M.D. Louisiana · Apr 4, 1984

Defendants have pleaded the qualified immunity defense. For reasons stated under the discussion of Mr. Thorne’s case, infra, defendants have not established that defense. … Consequently, the defendants have not established the qualified immunity defense in either case. The verdict in favor of Mr. Thorne cannot be the subject of judgment notwithstanding the verdict.

Hall v. Louisiana

974 F. Supp. 2d 944 · District Court, M.D. Louisiana · Sep 30, 2013

The Legislature contends that this Court lacks subject matter jurisdiction to adjudicate claims brought against it, as the Legislature is entitled to Eleventh Amendment immunity 17 , legislative immunity, and qualified immunity … “In other words, only legislative acts are entitled to absolute immunity, while non-legislative or administrative acts are only entitled to qualified immunity.” Bryan v.

Lusk v. Roberts

611 F. Supp. 564 · District Court, M.D. Louisiana · Jun 4, 1985

Officer Roberts has also asserted the affirmative defense of qualified immunity. … There is no clearly established law that the offense is unconstitutional. 13.

Johnson-Blount v. Board of Supervisors for Southern University

994 F. Supp. 2d 780 · District Court, M.D. Louisiana · Jan 17, 2014

To the contrary, Louisiana explicitly maintains its sovereign immunity by statute. 15 *784 Furthermore, the Fifth Circuit has directly held that Southern University and its Board of Supervisors qualify as an arm of the State … This argument is clearly contrary to Kimel: “State employees are protected by state age discrimination statutes and may recover money damages from their state employers ...” 18 Such relief is only available in state court

Dunhill Resources I, L.L.C. v. Louisiana Ex Rel. Louisiana State Mineral Board

298 F. Supp. 2d 404 · District Court, M.D. Louisiana · Jun 30, 2003

It is well established that Eleventh Amendment immunity extends to arms of the State when “the State is the real, substantial party in interest.” 2 As such, a State or an arm of the State is immune from suit pursuant to the … R.S. 30:121, yet the Board refuses to admit that these two factors clearly militate against Eleventh Amendment immunity.

Jones

District Court, M.D. Louisiana · Jul 30, 2026

The law governing excessive force is clearly established; thus, whether Defendant is entitled to qualified immunity turns on the reasonableness of his conduct. See Berry, 2020 WL 1034627, at *2. … See Wingard at 724 (“it was clearly established that an officer may not use force on a restrained, compliant inmate”) and Aucoin at *3 (“Defendants are also not entitled to qualified immunity because at the time of the

Kohler v. Englade

365 F. Supp. 2d 758 · District Court, M.D. Louisiana · Apr 15, 2005

Second, plaintiff contends that the test in qualified immunity cases is what a “reasonably well trained” officer would have done. … According to the plaintiff, these allegedly incompetent acts negate any claims of qualified immunity. *762 As- to the plaintiffs first four arguments, this court previously outlined the jurisprudential requirements that a

JMCB, LLC v. Bd. of Commerce & Indus.

293 F. Supp. 3d 580 · District Court, M.D. Louisiana · Dec 4, 2017

The constitutional provision specifically defines "manufacturing establishment" and "addition to a manufacturing establishment," and LDED regulations govern the administration of the exemption. (Doc. 1-2 at 2-3.) … Thus, Defendants have established each requirement for jurisdiction under CAFA.

Levy v. OFFICE OF THE LEGISLATIVE AUDITOR

459 F. Supp. 2d 499 · District Court, M.D. Louisiana · Oct 20, 2006

The law was not clearly established at the time plaintiffs suit was filed and the defendants filed their motions for summary judgment. … While both of these cases pertain to whether qualified immunity was a proper defense, they also are equally applicable to the issue before this Court. 32 . Rec. Doc. No. 100, p. 2. 33 . See Rec. Doc.

Edwards v. Bardwell

632 F. Supp. 584 · District Court, M.D. Louisiana · Apr 10, 1986

Bardwell’s motion pleads the alleged immunity, absolute or alternatively qualified, of the United States Attorney and also argues that the undisputed facts establish that he is entitled to judgment in his favor. … Doe, who has no immunity, absolute or qualified, has moved for summary judgment based upon his contention that the undisputed facts demonstrate no violation of 18 U.S.C. § 2511 .

Mitchell v. Exxon Corp.

907 F. Supp. 198 · District Court, M.D. Louisiana · Dec 13, 1995

The panel contains an electronic switch that activates the valve which controls the flow or feed to the drum pair. (11) The switch panel is clearly labeled to identify the drum pair to which it pertains. (12) The plaintiff … Needless to say, this court would not allow that "expert witness” to qualify or to testify. 3 . Babin v.

Lyndon Cummings, et al. v. State of Louisiana, Department of Children and Family Services, et al.

District Court, M.D. Louisiana · Mar 5, 2026

enough established to defeat qualified immunity for the individual child care workers in that case. 937 F.3d at 523. … As discussed supra, the substantive due process right to family integrity is likely insufficiently established to defeat qualified immunity for individual employees according to the facts alleged.

Vaughn v. St. Helena Parish Police Jury

192 F. Supp. 2d 562 · District Court, M.D. Louisiana · Dec 6, 2001

Taking into account the prohibition of “partially nude” persons in drinking establishments, it is clear that only persons donning full body suits are clearly safe from the application of the ordinance. … The defendant’s enactment of Ordinance 216 was clearly a legislative act. Therefore, the defendant is absolutely immune from civil liability for the enactment of Ordinance 216.

Wearry v. Perrilloux

391 F. Supp. 3d 620 · District Court, M.D. Louisiana · Jun 3, 2019

asserting a Section 1983 claim against a municipal official in his official capacity or a Section 1983 claim against a municipality "must show that the municipality has a policy or custom that caused his injury." 43 To establish … conduct arises when the prosecutor is performing "an investigatory, administrative, ministerial, or other role that has no functional tie to the judicial process, only a qualified immunity is afforded." 85 Per Wearry, his

Adams v. Thompson

557 F. Supp. 405 · District Court, M.D. Louisiana · Feb 16, 1983

While federal jurisprudence under the common law based § 1983 accords a law enforcement officer a qualified good faith immunity from liability, Harlow v. … Good faith immunity is an affirmation defense, Dennis v. Sparks, 449 U.S. 24 , 101 S.Ct. 183 , 66 L.Ed.2d 185 (1980); Gomez v.

Texaco, Inc. v. Louisiana Land & Exploration Co.

113 B.R. 924 · District Court, M.D. Louisiana · Apr 19, 1990

Although it is well-established that a State does not waive its Eleventh Amendment immunity by appearing and defending a claim asserted against it in federal court, 8 it also has long been established that a State waives … Justice White’s qualified vote on the constitutional issue supplied the fifth vote required to affirm the decision of the lower court rejecting the immunity defense.

Young

District Court, M.D. Louisiana · Feb 26, 2026

qualified immunity defense with equal specificity.” … “With qualified immunity, the Supreme Court has repeatedly instructed that clearly established law is not to be defined at a high level of generality. This is particularly true in recent years.” Id.

Kuhnert v. Fontenot

926 F. Supp. 79 · District Court, M.D. Louisiana · Mar 4, 1996

That motion alleges multiple grounds for dismissal, though the supporting memorandum only discusses the qualified immunity issue. The plaintiff timely opposed the motion. … immunity issue.

United States v. Sayes

49 F. Supp. 2d 870 · District Court, M.D. Louisiana · May 19, 1999

In response, the government argued that Sayes was not granted immunity because Warden Cain did not have the power to grant him immunity and the evidence merely established that the warden agreed not to call the local district … of immunity.