Case law

Sandoz v. Louisiana, Department of Revenue & Taxation (In re Oilfield Instruments)

53 B.R. 199 · District Court, W.D. Louisiana · Jul 23, 1985

The first of these consists of only one, although one rather lengthy, section which establishes the definition of terms to be used in the sections that follow. … Although Washington (supra) reaches a different result it clearly indicates that the court is not departing from Phillips and its progeny.

Ridley v. Northwest Louisiana Technical College

District Court, W.D. Louisiana · Jun 1, 2021

Qualified Immunity and Supervisor Liability Qualified immunity protects government officials against individual liability for civil damages, “insofar as their conduct does not violate clearly established … A two-pronged analysis is used to evaluate whether a defendant is entitled to qualified immunity and asks whether the official’s conduct violated an individual’s rights and whether the rights at issue were clearly established

Jones v. American Alternative Insurance Corp

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

Qualified Immunity The doctrine of qualified immunity shields government officials from liability for claims against them in their individual capacity “insofar as their conduct does not violate clearly … of qualified immunity.

Haley v. DeSoto Parish School Board

District Court, W.D. Louisiana · Jan 26, 2021

A defendant is entitled to qualified immunity if his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Because the Court does not believe there exists sufficient guidance to confirm whether the right is clearly established in a scenario such as the instant one, Brewer is entitled to qualified immunity.

Walker v. Whittington

District Court, W.D. Louisiana · Aug 25, 2025

“Qualified immunity shields an officer from liability if his ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Benavides v. … “To overcome qualified immunity, the plaintiff 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 conduct.’” Id.

Daily v. Patterson

District Court, W.D. Louisiana · Nov 14, 2024

The next question, then, is whether the rights were clearly established. … Accordingly, defendants fail both steps of the qualified immunity analysis. Finally, defendants seek dismissal of the state law claims for failure to establish negligence.

Babineaux v. Garber

District Court, W.D. Louisiana · May 11, 2020

Once the defendant raises a qualified immunity defense, the plaintiff carries the burden of demonstrating the inapplicability of qualified immunity. See Club Retro LLC v. … “[A]n official does not lose qualified immunity merely because a certain right is clearly established in the abstract.” Kinney v. Weaver, 367 F.3d 337, 350 (5th Cir.2004)).

Larche v. Hannah

177 F. Supp. 816 · District Court, W.D. Louisiana · Oct 7, 1959

Congress has made no such authorization, and absent such an explicit authorization, the rules in these particulars are clearly ultra vires. … So, while the right of suffrage in federal elections is established in the Constitution, it is subject to the imposition of state standards which are not discriminatory (Lassiter v.

Larvadain v. Rapides Parish School Board

348 F. Supp. 24 · District Court, W.D. Louisiana · Sep 22, 1972

It was established upon the trial of this matter that Mrs. Larvadain was first employed by the Rapides Parish School Board on a temporary basis during the Fall of 1968. … Larvadain was simply not qualified to be teaching even on the temporary certificate upon which she was teaching during the school year of 1969-1970.

Poole v. Shreveport

District Court, W.D. Louisiana · Feb 23, 2022

Qualified immunity protects public officials from suit and liability under section 1983 unless their conduct violates a clearly established right. See Garza, 943 F.3d at 744. … Qualified immunity applies if a reasonable officer could have believed that shooting Poole was lawful in light of clearly established law and the information Briceno possessed at the time of the shooting.

Brumlow v. Shreveport

District Court, W.D. Louisiana · Sep 25, 2025

Brumlow opposes Defendants’ qualified immunity defense by arguing that qualified immunity is inapplicable because Officer Neal knew the warrant was stale when he sent it to the deputies with the DeSoto Parish Sheriff’s … The United States Court of Appeals for the Fifth Circuit has held that where qualified immunity is asserted as a defense to a false arrest, the plaintiff must show that it was “‘clearly established that the circumstances

Owens v. City of Shreveport

District Court, W.D. Louisiana · Sep 12, 2025

Defendants assert that qualified immunity insulates the officers from liability in this suit unless Plaintiffs can meet their burden of negating the qualified immunity defense. See id. at 13. … The United States Court of Appeals for the Fifth Circuit has held that where qualified immunity is asserted as a defense to a false arrest, the plaintiff must show that it was “‘clearly established that the circumstances

Dai v. Le

District Court, W.D. Louisiana · Jul 20, 2023

In response, Plaintiff argues that Defendants knowingly violated her clearly established constitutional rights under the First and Fourteenth Amendment, barring them from asserting qualified immunity. … Since Plaintiff failed to establish a violation of her constitutional rights, Defendants are entitled to qualified immunity, and her retaliation claim should dismissed. b.

Stewart v. J D S O

District Court, W.D. Louisiana · Oct 12, 2021

of clearly established law. … The doctrine of qualified immunity protects officers “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

United States v. 5,553.80 Acres of Land, More or Less, Situated in Concordia Parish

451 F. Supp. 220 · District Court, W.D. Louisiana · May 8, 1978

Congress clearly did not intend to give private parties any rights with respect to compensation or costs in condemnation actions instituted after the effective date of Act. … It is axiomatic that the United States is immune from suit or any recovery unless the United States has waived its sovereign immunity. United States v.

Battig v. Hartford Accident & Indemnity Co.

482 F. Supp. 338 · District Court, W.D. Louisiana · Sep 13, 1977

Clearly, under Garlington , the claims against charitable institutions arose on the date of the occurrence of the event, rather than the date of the Garlington decision. … However, the intention of the parties, as inferred from the language of their agreement, must clearly indicate an inten *344 tion to include negligent acts within the indemnity agreement or the release.

Mouncil v. Dunn

District Court, W.D. Louisiana · Feb 5, 2025

“Because nonprecedential opinions do not establish any binding law for the circuit, they cannot be the source of clearly established law for qualified immunity analysis.” … established law.12 Dunn is entitled to qualified immunity.

Thibodeaux v. Arceneaux

618 F. Supp. 24 · District Court, W.D. Louisiana · Oct 18, 1984

. § 1983 . (2) The evidence at trial failed to show any circumstances that would defeat the qualified immunity enjoyed by Gayle Newton. (3) The evidence at trial failed to show Gayle Newton had any liability under any pendent … There is no need for this Court to examine the question of whether Gayle Newton established with sufficient evidence the affirmative defense of qualified immunity of a judicial officer.

Kemp v. Belanger

District Court, W.D. Louisiana · Jun 25, 2024

For example, Kemp claims that the jury “ignored” the Court’s jury instruction on qualified immunity. /d. at 10. … Defendant Donald Belanger agrees that this is the clearly established law guiding this situation.” Record Document 244 at 8.

Francis v. Mouton

District Court, W.D. Louisiana · Sep 10, 2025

To overcome the affirmative defense of qualified immunity, a plaintiff must show that the government official violated clearly established statutory or constitutional rights of which a reasonable person would … neither legal authority nor any allegations to challenge Officer Mouton’s qualified immunity defense, Defendants’ Motion regarding qualified immunity is GRANTED. C.