Case law

Reno v. East Baton Rouge Parish School Board

697 F. Supp. 2d 659 · District Court, M.D. Louisiana · Mar 23, 2010

Whether Defendant, Placide, Is Entitled to Qualified Immunity For a right to be clearly established such that qualified immunity is inapplicable, “the contours of the right must be sufficiently clear that a reasonable official … establishes the applicable law for purposes of qualified immunity, and that the plaintiff has met her burden of demonstrating that qualified immunity does not apply in this case.

Varnado

District Court, M.D. Louisiana · Nov 25, 2025

Qualified Immunity 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 … The qualified immunity defense has two prongs: whether an official's conduct violated a constitutional right of the plaintiff; and whether the right was clearly established at the time of the violation.

Sanford v. Kirst

District Court, M.D. Louisiana · Jun 16, 2023

of a clearly established statutory or constitutional right. … in light of clearly established law.

Williams v. Vannoy

District Court, M.D. Louisiana · Dec 19, 2023

Reinert, Qualified Immunity’s Flawed Foundation, 111 CAL. L. REV. 201 (2023). Restored to its proper place, this clause “unequivocally negate[s] the original interpretive premise for qualified immunity.” See Rogers v. … Plaintiff has also carried his burden to show that the law was clearly established at the time Lt. Col. Knight and Capt.

Manchester v. State of Louisiana

District Court, M.D. Louisiana · Nov 13, 2024

Again, qualification examinations are generally conducted at the pretext stage of a Title VII failure-to-promote analysis, and even if Plaintiff were “clearly better qualified,” Toval, 614 F. … dofes] not establish that [an applicant] is clearly better qualified” (quoting Price v. Fed. Express Corp., 283 F.3d 715, 723 (5th Cir. 2002)); see also Deines v. Tex.

Adams v. Thompson

560 F. Supp. 894 · District Court, M.D. Louisiana · Apr 14, 1983

Qualified immunity now depends on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law, not upon malice or other subjective factors. Harlow v. … Since it is clear that qualified or “good faith” immunity is an affirmative defense, Gomez v.

Minnis v. Board of Supervisors of Louisiana State University & Agricultural & Mechanical College

972 F. Supp. 2d 878 · District Court, M.D. Louisiana · Sep 18, 2013

To achieve this balance, qualified immunity shields government officials from liability when they perform discretionary functions provided that their conduct “does not violate clearly established statutory or constitutional … immunity because they do not clearly violate any of Minnis’s constitutional rights.

Porter Ex Rel. LeBlanc v. Ascension Parish School Board

301 F. Supp. 2d 576 · District Court, M.D. Louisiana · Jan 21, 2004

Whether Conrad Braud is entitled to qualified immunity in his individual capacity Qualified-immunity protects officials from section 1983 liability provided their conduct does not violate clearly established statutory or … Thus, the Court finds that Braud is entitled to qualified immunity even if Adam’s rights were found to be clearly established. 126 2.

Nguyen v. Louisiana State Board of Cosmetology

236 F. Supp. 3d 947 · District Court, M.D. Louisiana · Feb 20, 2017

Qualified Immunity “The doctrine of qualified immunity'protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Qualified Immunity on Plaintiffs’ Race Discrimination Claims The right to be free from invidious racial discrimination is clearly established. See, e.g., Strauder v. West Virginia, 100 U.S. 303 , 25 L.Ed. 664 (1880).

Copsey v. Swearingen

762 F. Supp. 1250 · District Court, M.D. Louisiana · Apr 23, 1991

Qualified Immunity Defendants next assert qualified immunity. … Whether a defendant asserting qualified immunity may be personally liable turns on the objective legal reasonableness of the defendant’s actions assessed in light of clearly established law.

Melancon v. Ascension Parish

823 F. Supp. 401 · District Court, M.D. Louisiana · May 10, 1993

If a constitutional violation is established, the Court must then determine whether the right was clearly established at the time the violation occurred. 5 The second prong of this test is clearly satisfied. … was clearly established at the time the alleged violation occurred. 19 Therefore, the defendants would be prohibited from relying on the defense of qualified immunity.

Cassels v. Stalder

342 F. Supp. 2d 555 · District Court, M.D. Louisiana · Oct 20, 2004

First, it functions as a defense to liability when the actions allegedly taken by officials did not violate clearly established law. 32 If the law was not clearly established when officials acted, qualified immunity bars … the plaintiff has alleged a violation of a clearly established constitutional right; and, (2) if so, whether the defendant’s conduct was objectively unreasonable in the light of the clearly established law at the time of

Elphage v. Gautreaux

969 F. Supp. 2d 493 · District Court, M.D. Louisiana · Sep 3, 2013

The defendants claim that Sheriff Gautreaux is entitled to qualified immunity if a reasonable person could have believed the deputies at issue were sufficiently trained and supervised in light of clearly established law and … With regard to Deputy O’Connor, the defendants claim that he is entitled to qualified immunity if a reasonable person could have believed that he acted reasonably in light of clearly established law and the information he

McCormick v. Edwards

479 F. Supp. 295 · District Court, M.D. Louisiana · Sep 26, 1979

Rhodes, supra, the Supreme Court made reference to what it termed a “qualified immunity” available under certain circumstances to officers of the executive branch of government: “. . .a qualified immunity is available to … The principles contained in the cases cited in Elrod , dating as far back as 1943, clearly show the illegality of the acts with which the defendants herein are charged, and they clearly establish that those principles have

Summerchase Ltd. Partnership I v. City of Gonzales

970 F. Supp. 522 · District Court, M.D. Louisiana · Jun 17, 1997

The Court will now turn to the defense of qualified immunity- (III)(B) Qualified Immunity Defendants claim the Board of Aldermen are protected from suit by qualified immunity. … “Government officials performing discretionary functions are entitled to qualified immunity from suit unless their conduct violated clearly established statutory or constitutional rights of which a reasonable person would

Kiper v. Louisiana State Board of Elementary & Secondary Education

592 F. Supp. 1343 · District Court, M.D. Louisiana · Aug 1, 1984

If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … In Trejo, supra, the Fifth Circuit applied a two-step analysis to the qualified immunity defense. The initial question required by the court in Trejo is: “Was the law clearly established at the time?

Bibbins v. City of Baton Rouge

489 F. Supp. 2d 562 · District Court, M.D. Louisiana · May 11, 2007

See e.g., Geter, 849 F.2d at 1559 (noting that “a police officer cannot avail himself of a qualified immunity defense if he ... deliberately conceals exculpatory evidence, for such activity violates clearly established constitutional … qualified immunity).

Homeowner/Contractor Consultants, Inc. v. Ascension Parish Planning & Zoning Commission

32 F. Supp. 2d 384 · District Court, M.D. Louisiana · Jan 6, 1999

, or in the alternative, qualified immunity. … The Fifth Circuit has not accorded absolute legislative immunity to such an action by a local governing body. 35 (II) Qualified Immunity Defendants argue in the alternative that they are entitled to the defense of qualified

Herster v. Board of Supervisors of Louisiana State University

72 F. Supp. 3d 627 · District Court, M.D. Louisiana · Dec 8, 2014

’s actions were objectively unreasonable in light of clearly established law at the time of the conduct in question.” … The Court finds that Herster has failed to meet her burden to establish a genuine dispute of material fact regarding whether the School of Art Defendants are entitled to qualified immunity. II.

Hall v. Louisiana

12 F. Supp. 3d 878 · District Court, M.D. Louisiana · Mar 31, 2014

Qualified Immunity In support of their motion, Jindal and Caldwell argue that they are entitled to qualified immunity. … Qualified immunity protects government officials sued in their individual capacities “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which