Case law

Ferguson v. Ashcroft

248 F. Supp. 2d 547 · District Court, M.D. Louisiana · Feb 27, 2003

Of these three kinds of sentences, community confinement clearly falls into the last category. Community confinement clearly is not a fine. Nor is it a form of probation. … The Commission clearly has the statutory authority to limit the discretion of the federal district courts in sentencing matters.

Dunn v. State of Louisiana, Through the Department of Public Safety and Corrections

District Court, M.D. Louisiana · Jul 28, 2021

Arguably, Montgomery’s allegations came closer to alleging conspiracy than the allegations in Dunn’s Complaint, since Montgomery at least clearly … immunity and the fact that official capacity Section 1983 claims for money damages against state officials cannot be sustained as a matter of law.36 In his Opposition, Dunn offers no opposition to the dismissal of these

Attuso v. Omegaflex, Inc.

District Court, M.D. Louisiana · Apr 6, 2020

The instructions provided in Omega Flex's December 2005 Design and Installation Guide (D&I Guide) - Section 4.10 depicting the use of a bonding clamp to establish, what the manufacturer has termed as "direct … He is a qualified installer of a different brand of CSST and has investigated over 200 fires involving CSST since 2005.

Howard v. Ashcroft

248 F. Supp. 2d 518 · District Court, M.D. Louisiana · Feb 27, 2003

The Commission clearly has the statutory authority to limit the discretion of the federal district courts in sentencing matters. … See Schild, at *3 (D.Kan.2003)(''[E]ven if the court had known that defendant would not qualify for work release, the court would have issued the same sentence.

Dandridge v. St. Germain

District Court, M.D. Louisiana · Oct 15, 2020

Eleventh Amendment Immunity i. … To establish personal liability in a § 1983 action, the plaintiff must show that the official “caused the deprivation of a federal right.” Id.

Gerard Bell (#84020) v. Erin Wiley Lanoux, et al.

District Court, M.D. Louisiana · Oct 7, 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. … Additionally, under the well- established doctrine set out in Younger v. Harris, 91 S.

Livingston Downs Racing Ass'n, Inc. v. Jefferson Downs Corp.

257 F. Supp. 2d 819 · District Court, M.D. Louisiana · Oct 24, 2002

The multiple instances qualify them as a pattern of racketeering activities under § 1961(5), since forty is greater than two. … First, the Noerr-Pennington and Parker immunity doctrines apply to both sections.

Johnson v. Cazes

District Court, M.D. Louisiana · Sep 18, 2019

secured by the Constitution and laws.’”50 In order to state a claim under 42 U.S.C. § 1983, the plaintiff must establish two elements: “(1) that the conduct in question deprived a person of rights, privileges, or immunities … The Fifth Circuit has clearly held that “when there is no temporal and conceptual distinction between the factual basis for the conviction and the excessive force claim, that is, when the complained of use of force is

In Re: Ingram Barge Company LLC, as Owner and Operator of Barge IB976

District Court, M.D. Louisiana · May 13, 2022

Here, Ratcliff must satisfy two requirements to establish that he qualifies as a seaman under the Jones Act. … His work was clearly not sea-based and did not involve seagoing activity. Ratcliff only worked on vessels that were docked.

Landry

District Court, M.D. Louisiana · Feb 6, 2026

You may qualify for other veterans’ benefits beyond the benefits for which you are receiving services here. … The disclosures are clearly aimed at informing the potential client, nothing more.” (Doc. 81-1 at 27).

Francois v. RaceTrac Inc

District Court, M.D. Louisiana · Sep 17, 2025

Plaintiff asserts a qualified denial as written but does not address this fact. … No record evidence cited establishes the exact number of feet.

Collins v. LeBlanc

District Court, M.D. Louisiana · Aug 19, 2021

“Injunctive relief is an extraordinary and drastic remedy, and should only be granted when the movant has clearly carried the burden of persuasion.” Anderson v. … Because Defendant was convicted of a sex offense as defined by Louisiana Revised Statutes § 15:541(24)(a) in 2015, he does not qualify, by statute, for diminution of his sentence for good behavior. See LA.

Property One, Inc. v. USAgencies, L.L.C.

830 F. Supp. 2d 170 · District Court, M.D. Louisiana · Nov 15, 2011

Plaintiff clearly alleges that USAgencies, not Affirmative, owns the building at issue. (Complaint, Doc. 1-4, ¶ 5). … Plaintiff clearly has not done so here. No intentional tort has been pled, and thus any conspiracy claim must be dismissed.

Builders Center, Inc. v. United States

571 F. Supp. 83 · District Court, M.D. Louisiana · Jul 12, 1983

The company’s need for current cash to extend credit to facilitate sales, to acquire inventory when inventory is available on advantageous terms and to finance real estate ventures is clearly established. … Turning to these frequently considered factors, we first note that both employees here involved are well-qualified and have much experience.

Richard v. Gautreaux

District Court, M.D. Louisiana · Mar 14, 2025

See also id. at ¶ 185 (“Upon information and belief, Turn Key had a policy of utilizing non-medical personnel, under qualified personnel, improperly licensed medical personnel and being woefully understaffed was the cause … and laws.’”113 In order to state a claim under 42 U.S.C. § 1983, the plaintiff must establish two elements: “(1) that the conduct in question deprived a person of rights, privileges, or immunities secured by the Constitution

Harding v. Edwards

District Court, M.D. Louisiana · Sep 7, 2020

at higher risk due to the Virus and, therefore, qualify him or her for an absentee ballot. … This Court previously dismissed their claims finding that neither organization had adequately established its standing under Article III.

Vaughn v. St. Helena Parish Police Jury

365 F. Supp. 2d 763 · District Court, M.D. Louisiana · Mar 23, 2005

within the parish. 22 As established in our prior ruling, such efforts on the part of the Police Jury are clearly within its constitutional police powers. 23 The second factor is whether the ordinance furthers an important … The Police Jury's efforts to prevent crime and to protect public health and safety are clearly within its police powers. Barnes v.

June Medical Services LLC v. Kliebert

158 F. Supp. 3d 473 · District Court, M.D. Louisiana · Jan 26, 2016

The Court finds that Doe 1 is a well qualified physician and a credible witness. (See, e.g., Doc. 192 at 7-14; JX 111 ¶ 1; 116 ¶ 5.) 182. … The Court finds that Doe 3 is a well qualified physician and a credible witness. {See, e.g., JX 188 ¶ 1; Doc. 190 at 109-11.) *515 252.

United States v. Edwards

39 F. Supp. 2d 692 · District Court, M.D. Louisiana · Jan 26, 1999

Not establishing bias or partiality, however, are expressions of impatience, dissatisfaction, annoyance, and even anger, that are within the bounds of what imperfect men and women, even after having been confirmed as federal … The transcripts of conferences and hearings held in the Phillips case clearly establish these facts.

Tennart v. Baton Rouge

District Court, M.D. Louisiana · Nov 18, 2022

Further, City Defendants maintain that qualified immunity shields them if they reasonably but mistakenly concluded that there was probable cause and that they are entitled to this defense here. … A reasonable juror could also find, beyond debate, that these officers all acted unreasonably under clearly established law.