Case law

Simmons v. Sabine River Authority

823 F. Supp. 2d 420 · District Court, W.D. Louisiana · Oct 3, 2011

Although defendants have not shown that plaintiffs are subject to the arbitration provision of the AEGIS Policy, the jurisprudence of this Circuit clearly establishes that this is not a requirement of the “relates to” test … It is now clearly established that land and water management issues are “traditionally significant to the States,” and thus constitute “traditionally local functions.” 13 Briar Meadows Developments, Inc. v.

Pigott v. Gintz

District Court, W.D. Louisiana · Nov 14, 2023

The defense of qualified immunity shields government officials performing discretionary functions from liability for civil damages if their conduct “does not violate clearly established statutory or constitutional rights … Once qualified immunity is asserted, “the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established

Coker v. Whittington

169 F. Supp. 3d 677 · District Court, W.D. Louisiana · Mar 14, 2016

immunity. … immunity.

Barra v. Boudreaux

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

“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 … is clearly established as to the specific facts of the case.”

Moore v. LaSalle Corrections Inc

District Court, W.D. Louisiana · Oct 30, 2020

Further, even if he was deliberately indifferent, he is still entitled to qualified immunity because no case clearly established the unlawfulness of Crowson’s actions. … Did Crowson violate “clearly established” law? The second prong of the qualified immunity analysis asks whether the right in question was “clearly established.”

Millet v. Lake Charles

District Court, W.D. Louisiana · Apr 18, 2023

A two-fold inquiry is utilized to determine whether qualified immunity is applicable: (1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and (2) if … Even if the government officials’ conduct violated a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable. Hernandez Ex. Rel.

Gonzalez v. Stone

District Court, W.D. Louisiana · Feb 5, 2021

Qualified Immunity Tuten was also sued by Gonzalez in his individual capacity. Tuten maintains he is entitled to qualified immunity. … The qualified immunity defense has two prongs: (1) whether an official’s conduct violated a constitutional right of the plaintiff, and (2) whether the right was clearly established at the time of the violation such that

Montgomery v. Vernon Parish School Board

District Court, W.D. Louisiana · Oct 8, 2025

Qualified immunity Williams next contends that he is entitled to qualified immunity. … Tex. 2014) (collecting cases and holding the ability to bring a race discrimination claim against supervisors in their individual capacities to be clearly established).

Louisiana Ex Rel. Guste v. Public Investors Life Insurance

866 F. Supp. 301 · District Court, W.D. Louisiana · Jul 12, 1993

If a state wishes to waive its Eleventh Amendment immunity, it must do so clearly and unequivocally. Dagnall v. Gegenheimer, 645 F.2d 2, 3 (5th Cir.1981). Louisiana has not. … Roberts, 556 So.2d 1 (La.1989), the Louisiana Supreme Court concluded that the discretionary acts immunity established by section 9:2798.1 is essentially the same as the discretionary acts exception to the Federal Tort Claims

Henagan v. City of Lafayette

District Court, W.D. Louisiana · Sep 27, 2022

constitutional rights under the First, Fourth and Fourteenth Amendments.48 “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable … from Plaintiff’s claims because Plaintiff has failed to overcome the second element of the qualified immunity test—specifically, that the unlawfulness of the Mayor’s conduct was “clearly established” at the time of Plaintiff

Central Louisiana Electric Co. v. Rural Electrification Administration

236 F. Supp. 271 · District Court, W.D. Louisiana · Nov 18, 1964

The “actions motivated by desire to cause injury or financial loss” to plaintiff, which .Justice Sutherland found missing in Alabama Power clearly appear to be present here. … We thus find that the action is not barred by the doctrine of sovereign immunity.

Schoeffler v. Kempthorne

493 F. Supp. 2d 805 · District Court, W.D. Louisiana · Jun 26, 2007

The doctrine of sovereign immunity springs from early English common law where the king was immune from suit by his subjects. … Supp 2d 1330 (N.D.Ga.2005), the court framed the issue as "not whether Congress intended for Defendants to comply with their statutory duty to designate critical habit for endangered species — it clearly did — but whether

Bailey v. Iles

District Court, W.D. Louisiana · Jul 20, 2022

But an assertion of qualified immunity alters the standard. … Once qualified immunity is asserted, “the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established

M.J. Farms, Ltd. v. United States Fish & Wildlife Service

593 F. Supp. 2d 907 · District Court, W.D. Louisiana · Dec 15, 2008

immunity of the United States to be sued. … Under the facts of this case, the baited area determination was clearly a final agency decision for APA purposes. Consequently, this Court may hear the Plaintiffs’ equitable claims.

Valley v. Rapides Parish School Board

992 F. Supp. 848 · District Court, W.D. Louisiana · Jan 5, 1998

Under the heading “Important Information,” the undersigned is clearly listed as one of the speakers in the program. … Roy was aware of all facts supporting this motion to recuse at least seven weeks before its filing, yet it is only after a promise of an adverse ruling on the qualified immunity issue that the motion was filed.

Hilton v. Lake Charles

District Court, W.D. Louisiana · Apr 19, 2022

light of then clearly established law. … “The bifurcated test for qualified immunity is: (1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and (2) if so, whether the Defendant conduct was objectively unreasonable

Nationwide Amusements, Inc. v. Nattin

325 F. Supp. 95 · District Court, W.D. Louisiana · Mar 19, 1971

of action under Section 1983 based on alleged harassment and interference due to the fact that plaintiff intended to show “adult” type movies which right is protected by the First and Fourteenth Amendments. 3 This Court clearly … We recognize, to say the least, a lack of enthusiasm on the part of the city officials, but plaintiff did not establish that this was motivated by the type of films to be exhibited and that the city officials were acting

Leet v. Cotone

District Court, W.D. Louisiana · Mar 11, 2025

“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 a reasonable … For this reason, they argue that their alleged conduct in 2018 and 2019 could not have violated a “clearly established right” such as would defeat qualified immunity. (Rec. Doc. 4-1 at pp. 3–4).

Reynolds v. Anderson

District Court, W.D. Louisiana · Jul 28, 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.

Allemang v. Louisiana

District Court, W.D. Louisiana · May 7, 2020

Qualified Immunity The issue before the Court is whether Trooper Rogers is entitled to qualified immunity and therefore shielded from suit in his individual … Although qualified immunity is an affirmative defense, “plaintiff has the burden to negate the assertion of qualified immunity once properly raised.” Collier v.