Case law

Copsey v. Swearingen

790 F. Supp. 118 · District Court, M.D. Louisiana · Mar 5, 1992

Second, defendant argues that he was entitled to judgment as a matter of law based upon his defense of qualified immunity. … QUALIFIED IMMUNITY Finally, as noted at trial, the court finds that defendant is entitled to qualified immunity in any event.

Young v. City of Baton Rouge

District Court, M.D. Louisiana · Jul 16, 2025

Qualified immunity shields government officials from individual liability for performing discretionary functions, unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … The Fifth Circuit has clarified that all discovery involving a defendant raising the defense of qualified immunity must be stayed until resolution of the defense of qualified immunity, stating: The Supreme Court has now

Hall v. Louisiana

974 F. Supp. 2d 964 · District Court, M.D. Louisiana · Sep 30, 2013

In the alternative, they argue that they are protected by judicial immunity and qualified immunity. … Subject Matter Jurisdiction In support of their motion, the Defendant-Judges contend that this Court lacks subject matter jurisdiction, and that they are entitled to Eleventh Amendment immunity, judicial immunity, and qualified

Jacintoport Corp. v. Greater Baton Rouge Port Commission

599 F. Supp. 21 · District Court, M.D. Louisiana · May 4, 1984

The action complained of is clearly state action, action taken by the Commission as a whole, not simply by one of its members. … It is especially regrettable because the evidence received in this court clearly establishes that the Port Commission’s construction work has severely limited access to Jacintoport’s property and has caused a reduction in

Arnold v. Williams

District Court, M.D. Louisiana · Apr 26, 2022

violate clearly established 3 Rec. … Without setting forth a clearly established right for which the analysis can continue, Plaintiffs have not defeated Deputy Fleming's qualified immunity defense.20 After this

STEVEN W. YOUNG, ET AL. v. CITY OF BATON ROUGE, ET AL.

District Court, M.D. Louisiana · Feb 25, 2026

Thornton also claims qualified immunity. (Id. at 4.) … Was the Law Clearly Established? “[T]o overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.

Courtney v. Cavalier

District Court, M.D. Louisiana · Jun 5, 2025

Qualified immunity shields government officials from individual liability for performing discretionary functions unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … a defense of qualified immunity without prejudicing the defendants who have raised the defense of qualified immunity.

Ford v. Stone

599 F. Supp. 693 · District Court, M.D. Louisiana · Dec 6, 1984

Defendants also argue that the affirmative defense of qualified immunity shields them from liability. The first of these defenses, that of prescription, is meritorious. … Plaintiff clearly ruled out consideration of any federal claims by the state court in the following colloquy which occurred early in the state court proceeding: MR.

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

805 F. Supp. 385 · District Court, M.D. Louisiana · Oct 14, 1992

In short, the court finds that Dutton is clearly distinguishable and provides no indication of how the Supreme Court would rule if presented with the issue at hand. … The phrase “except as otherwise specifically provided by law” obviously qualifies what is to be considered a “public record.”

Maurice Williams v. Town of Clinton, et al.

District Court, M.D. Louisiana · Feb 24, 2026

“In determining whether an official enjoys immunity, [courts] ask (1) whether the plaintiff has demonstrated a violation of a clearly established federal constitutional or statutory right and (2) whether the … Once a defendant pleads qualified immunity, the burden shifts to the plaintiff, who “must rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly established law and

Epps

District Court, M.D. Louisiana · Mar 27, 2026

Moreover, Plaintiff has not overcome qualified immunity, for the above reasons and because he fails to point to binding authority constituting clearly established law for these claims. … Bartlett, 981 F.3d 319, 330 (5th Cir. 2020) (“to overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.

Thibodeaux

District Court, M.D. Louisiana · Jan 21, 2026

“In determining whether an official enjoys immunity, [courts] ask (1) whether the plaintiff has demonstrated a violation of a clearly established federal constitutional or statutory right and (2) whether the official … The law governing excessive force is clearly established; thus, whether Emery is entitled to qualified immunity turns on the reasonableness of his conduct. See Berry, 2020 WL 1034627, at *2.

Jordan v. The City of Plaquemine

District Court, M.D. Louisiana · Nov 21, 2022

Qualified immunity shields government officials from individual liability for performing discretionary functions, unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.

Sam

District Court, M.D. Louisiana · Nov 10, 2025

First, “once the defense of qualified immunity has been raised, the plaintiff has the burden of demonstrating that ‘(1) the official violated a statutory or constitutional right, and (2) the right was “clearly established … In sum, Plaintiff has not established that every reasonable jury would conclude that Plaintiff is not entitled to qualified immunity.

Kador v. Gautreaux

District Court, M.D. Louisiana · Mar 31, 2025

However, once the defense of qualified immunity is raised, “a plaintiff has the burden to rebut the qualified immunity defense … We do not require that an official demonstrate that he did not violate clearly established … that Fifth Circuit caselaw supported the denial of qualified immunity when it clearly ruled otherwise based on the lack of clearly established law.179 Further, the Court did not find a “robust consensus of persuasive authority

Stephen J. Rushing v. John Yeargain, et al.

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

The lower court granted the defendant’s motion to dismiss based on qualified immunity. Id. … Thus, the Court dismissed the claims against Crain under the first prong of the qualified immunity analysis.

McNeal v. Louisiana Department of Public Safety & Corrections

District Court, M.D. Louisiana · Jan 30, 2025

Defendants also add that Plaintiff fails to show that LeBlanc is not entitled to qualified immunity because LeBlanc violated no clearly established law. (Id. at 17.) … The quote from Parker about LeBlanc’s duty came in the context of whether the right was clearly established, the second prong in the qualified immunity analysis. See id.

Williams v. Dauthier

District Court, M.D. Louisiana · Sep 19, 2024

right, and (2) the right was clearly established at the time.” … App’x 569, 575 (10th Cir. 2021) (“[T]he qualified-immunity argument was underdeveloped.” “[Defendants] argue that the contours of any right were not clearly established . . .

Corley v. East Baton Rouge Parish School Board

District Court, M.D. Louisiana · Jan 6, 2025

Qualified immunity shields government officials from individual liability for performing discretionary functions, unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … The Fifth Circuit has clarified that all discovery involving a defendant raising the defense of qualified immunity must be stayed until resolution of the defense of qualified immunity: The Supreme Court has now made clear

Cox v. Allied Chemical Corp., Local 216, International Union of Operating Engineers

382 F. Supp. 309 · District Court, M.D. Louisiana · Sep 23, 1974

Furthermore, the evidence clearly establishes that he had acquired maintenance related training and skills while in the Army. … It is clearly established by the cases which have interpreted 42 U.S.C. § 2000e-5 that there are only two jurisdictional requirements for suit under Title VII: 1) The filing of a complaint with EEOC and 2) The receipt of