Case law
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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.
Cited 0 timesUnknownDistrict 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.
Cited 0 timesUnknownDistrict Court, W.D. Louisiana · Nov 8, 2023
The doctrine of qualified immunity insulates government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Qualified immunity is an immunity from suit rather than a mere defense to liability and is effectively lost if a case is permitted to go to trial; thus qualified immunity questions should be resolved through summary judgment
Cited 0 timesUnknownDistrict Court, W.D. Louisiana · Feb 2, 2026
right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’”72 The two steps of the qualified immunity inquiry may be performed in any order.73 The qualified … Huddleston did not make the requisite showing that the stop violated a clearly established right, Deputy Cloud is entitled to qualified immunity.
Cited 0 timesUnknownDistrict Court, W.D. Louisiana · Nov 14, 2023
The doctrine of qualified immunity insulates government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Qualified immunity is an immunity from suit rather than a mere defense to liability and is effectively lost if a case is permitted to go to trial, thus qualified immunity questions should be resolved through summary judgment
Cited 0 timesUnknownDistrict Court, W.D. Louisiana · Jul 7, 2021
The Court further found that, even if there were a constitutional violation, Plaintiffs’ cannot point to any clearly established law that would defeat Green and McKinney’s defense of qualified immunity. … In light of the Court’s dismissal of the claims against Green and McKinney on the basis of qualified immunity, including its determination that Plaintiffs failed to establish a genuine factual dispute as to whether
Cited 0 timesUnknownDistrict Court, W.D. Louisiana · Jun 13, 2024
Government officials may invoke qualified immunity, which shields government officials performing discretionary functions from liability for civil damages, insofar as their conduct does not violate clearly established statutory … To overcome a claim of qualified immunity, a plaintiff must demonstrate: “1) that the official violated a statutory or constitutional right; and 2) that the right was ‘clearly established’ at the time of the challenged
Cited 0 timesUnknownConoco Inc. v. Boh Bros. Construction Co.
191 F.R.D. 107 · District Court, W.D. Louisiana · Jul 10, 1998
Work Product Immunity “The work-product doctrine is a judicially created immunity to prevent a party to a lawsuit from receiving the benefits of an opposing counsel’s preparations for trial.” … In support of its assertion of privilege, Conoco does not clearly separate its assertion of attorney-client privilege from work product immunity.
Cited 27 timesPublishedDistrict Court, W.D. Louisiana · Apr 15, 2024
the scope of their discretionary authority based upon a good faith belief in the correctness of their actions, and all actions taken were objectively reasonable in light of clearly established law at the time of the conduct … The court finds that the answer gives fair notice to Plaintiff of the qualified immunity defense, and the fact that the Rule 12(b)(6) challenge based on qualified immunity did not prevail does not mean that the defense
Cited 0 timesUnknownDistrict Court, W.D. Louisiana · Mar 28, 2024
defense of qualified immunity is available to protect defendants “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … immunity.’"57 Fontenot has now alleged that he is entitled to qualified immunity.
Cited 0 timesUnknownDistrict Court, W.D. Louisiana · Oct 5, 2022
Nelson is entitled to qualified immunity, and (4) the state-law claims sound in medical malpractice and have been brought prematurely. … Nelson has asserted the defense of qualified immunity. See Record Document 65-3 at 8.
Cited 0 timesUnknownSupreme Home Health Servs., Inc. v. Azar
380 F. Supp. 3d 533 · District Court, W.D. Louisiana · Apr 23, 2019
Subject Matter Jurisdiction The United States, as sovereign, is immune from suit except in the manner and degree sovereign immunity is waived. United States v. … Therefore, it must establish that it meets an exception to exhaustion.
Cited 8 timesPublishedDavis v. DeSoto Parish Sheriffs Dept
District Court, W.D. Louisiana · Apr 26, 2022
Qualified Immunity For their part, the Deputies claim they are entitled to qualified immunity on all of Davis’s Section 1983 claims. … Qualified immunity shields government officials from liability for claims against them in their individual capacities “insofar as their conduct does not violate clearly established statutory or constitutional rights of
Cited 0 timesUnknownDistrict Court, W.D. Louisiana · Feb 11, 2025
Qualified immunity shields “government officials performing discretionary functions … from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … was clearly established at the time of the alleged misconduct.”35 The “clearly established law” must be “particularized to the facts of the case” and not “defined at a high level of generality.”36 A right is
Cited 0 timesUnknown161 F.R.D. 51 · District Court, W.D. Louisiana · Jan 5, 1995
The rationale underlying the conclusion reached by these courts is that the work product doctrine is not a substantive privilege within the meaning of Rule 501; instead, it is a device providing qualified immunity from discovery … Clearly, federal interests here are strong. Thus, Finch seems to provide further support for the application of federal privilege law as well.
Cited 14 timesPublishedDistrict Court, W.D. Louisiana · Jun 25, 2025
Hines challenges the false arrest claim and asserts qualified immunity. … “Fair notice requires clearly established law.” Nerio v. Evans, 974 F.3d 571, 575 (5th Cir. 2020).
Cited 0 timesUnknownRichard v. LA Dept Children & Family Services
District Court, W.D. Louisiana · Aug 11, 2022
The relevant question, however, in establishing a prima facie case is only whether Richard herself was qualified for the position. … Accordingly, “it is well-established that better education, work experience, and/or longer tenure with the company does not necessarily make a candidate clearly better qualified” and the plaintiff will only prevail if she
Cited 0 timesUnknownDistrict Court, W.D. Louisiana · Aug 18, 2025
The three defendants each assert qualified immunity in addition to their Rule 12(b)(6) challenge. … 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. Whitley v.
Cited 0 timesUnknownDistrict Court, W.D. Louisiana · Dec 1, 2025
to medical care for the purposes of qualified immunity. , 35 F.4th 945, 951–52 (5th Cir. 2022) (finding that a pretrial detainee's Fourteenth Amendment right to medical care was clearly established … established).
Cited 0 timesUnknownDistrict Court, W.D. Louisiana · May 12, 2022
The doctrine of qualified immunity insulates government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Qualified immunity is an immunity from suit rather than a mere defense to liability and is effectively lost if a case is permitted to go to trial, thus qualified immunity questions should be resolved through summary judgment
Cited 0 timesUnknown
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