Case law

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

Ezell v. Seal

District Court, M.D. Louisiana · Jun 24, 2024

When a public official asserts the defense of qualified immunity, the plaintiff has the burden of establishing a constitutional violation and overcoming the defense.43 To meet this burden, a plaintiff must show … reasonableness.’”53 The plaintiff must “assert facts which, if true, would overcome the defense of qualified immunity.”54 A plaintiff seeking to overcome qualified immunity “must plead specific facts that both allow the

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

192 F. Supp. 2d 519 · District Court, M.D. Louisiana · Aug 13, 2001

are concerned, therefore, the broader sham exception that obtains in the context of judicial proceedings is applicable. 14 *535 A common thread running through the corpus juris of the Noerr-Pennington doctrine is that, to qualify … Clearly, the Defendants pursued the same claim on several occasions. There is also some evidence that the Defendants abused the judicial process.

Varnado v. Carboni

District Court, M.D. Louisiana · Sep 26, 2024

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.

Education Explosion, Inc. v. Louisiana Board of Elementary and Secondary Education

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

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.

Beard

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

objectively reasonable in light of the clearly established law.”). … Again, qualified immunity applies since Plaintiff has not alleged a constitutional claim against Warden Landry.

McQueary-Layne v. Louisiana State Board of Nursing

District Court, M.D. Louisiana · Jun 26, 2019

A, Qualified Immunity Qualified immunity protects government officials from civil liability so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable … Because she fails to allege that Brown violated a clearly established right, she fails to overcome Brown’s qualified- immunity defense. See Shaw, 918 F.3d at 416.

Sanders

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

Qualified immunity shields government officials from liability in their performance of discretionary functions unless their conduct violated a clearly established constitutional right.6" “Once raised, a plaintiff has the … burden to rebut the qualified immunity defense ‘by establishing that the official's allegedly wrongful conduct violated clearly established law.

Howard v. Vannoy

District Court, M.D. Louisiana · May 21, 2021

violate clearly established statutory or constitutional rights of which a reasonable person would have known.”22 “When a defendant invokes qualified immunity, the burden shifts to the plaintiff to 16 Bell … Finally, even if Plaintiff could establish the violation of a constitutional right, Plaintiff has utterly failed to overcome Warden Vannoy’s assertion of qualified immunity.

Hall v. Louisiana

974 F. Supp. 2d 978 · District Court, M.D. Louisiana · Sep 30, 2013

of Louisiana has not waived its immunity from suit in federal court. … Jan. 9, 2012) (noting Schedler’s role in opening qualifying for elected positions, as well as holding and conducting state elections).

Erie v. Hunter

District Court, M.D. Louisiana · May 31, 2023

Erie’s claim on the basis of qualified immunity, arguing that Mr. … Hunter’s actions were “objectively unreasonable in the light of that then clearly established law.” Powers, 951 F.3d at 306. Ms. Hunter’s qualified immunity defense fails.

Sanchez v. TRUSTEES OF PENSION PLAN, ETC.

419 F. Supp. 909 · District Court, M.D. Louisiana · Jul 14, 1976

These assertions clearly state a cause of action under the Louisiana Trust Code, La. R.S. 9:1721 et seq. In particular, this claim fits under La. … They contest only the trustees’ factual conclusion that they, the plaintiffs, because of the nature of their employment, do not qualify as beneficiaries under the trust agreements.

Miller v. LeBlanc

District Court, M.D. Louisiana · Sep 28, 2023

To meet their burden—that is, “to defeat qualified immunity”— Plaintiffs must show: “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged … The Court starts its qualified immunity analysis with the “clearly established” prong.

Erie v. Hunter

District Court, M.D. Louisiana · Mar 23, 2022

Qualified immunity shields a government official from liability for civil damages “when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable … First, the “clearly established” prong of the qualified immunity analysis does not measure the reasonableness of a defendant’s 3 What motivated Defendant to force Plaintiff's attendance at the church service

Ogima v. Rodriguez

799 F. Supp. 626 · District Court, M.D. Louisiana · Sep 10, 1992

An insurer has the duty to clearly and expressly set forth the exclusions to its insurance agreements. … Once coverage has been extended, as it is quite clearly the purpose of the policy to do as has been done here, it should be withdrawn only when exclusion is established with certainty.

Williams v. Sanders

District Court, M.D. Louisiana · Mar 18, 2024

Public officials are entitled to qualified immunity unless the plaintiff demonstrates that (1) the defendant violated an actual constitutional or federal statutory right that is clearly established under existing law, and … (2) if so, that the defendant's conduct was objectively unreasonable in light of clearly established law at the time of that conduct.39 Therefore, to survive a motion to dismiss based on qualified immunity, the plaintiff

Allen v. Red Frog Events, LLC

335 F. Supp. 3d 831 · District Court, M.D. Louisiana · Sep 13, 2018

based on, inter alia , deposition testimony use of the property for the meet and explaining that "[o]nce a defendant establishes that it is entitled to immunity under § 9:2795, the burden of establishing a malicious or willful … Sports Association based on the immunity statute); Simoneaux v.

Batton v. Georgia Gulf

261 F. Supp. 2d 575 · District Court, M.D. Louisiana · May 6, 2003

Everyone agrees — and it is clearly established in the law — that the LDHH, as a non-independent agency of the state of Louisiana, is not a citizen of any state. … In 1991, DHH amended Chapter IX, § 9:045 of the State Sanitary Code to read: "All establishments that sell or serve raw oysters must display signs, menu warnings, table tents, or other clearly visible warnings at point of

Savage

District Court, M.D. Louisiana · Mar 2, 2026

Qualified Immunity The United States Court of Appeals for the Fifth Circuit determined that all remaining defendants were entitled to qualified immunity in connection with the plaintiff’s claims … Since the Court of Appeals determined that, at the time of the alleged removal of funds, there was no clearly established law that the plaintiff had a property interest in the proceeds from the sale of belts he made as

Abshire v. Livingston Parish

District Court, M.D. Louisiana · Feb 7, 2025

Taylor is not entitled to qualified immunity because the right of pre-trial detainees to necessary medical care is a clearly established Fourteenth Amendment right. (Id. at 18.) … Taylor’s qualified immunity. The Court need not reach the issue of whether the right was clearly established or whether the alleged denial of or delay in treatment resulted in substantial harm. Dr.