Case law

Hobbs

District 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).

Abraugh v. Altimus

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

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 … All Defendants raise the qualified immunity defense in their motions to dismiss.

Lachney v. Hilton

District Court, W.D. Louisiana · Aug 30, 2019

Qualified Immunity Linzay was sued in his individual capacity and he asserted the affirmative defense of 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 a reasonable

David

District Court, W.D. Louisiana · Jun 26, 2026

Qualified Immunity Having been sued in his individual capacity, Officer Ellender pleads the defense of qualified immunity, which shields government officials … performing discretionary functions from liability for civil damages if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Hassan v. Louisiana Department of Transportation & Development

923 F. Supp. 890 · District Court, W.D. Louisiana · Mar 27, 1996

A Failure to Exhaust Administrative Remedies New principles are more clearly established than the proposition that the sover *893 eign may not be sued without its specific consent. United States v. … In short, we find that Merrick’s third-party claim against the Corps meets the requirements of Rule 14(a) and thus qualifies for the third-party complaint exemption from the administrative exhaustion requirement of 28 U.S.C

Strahan v. Strahan

304 F. Supp. 40 · District Court, W.D. Louisiana · Sep 22, 1969

Conversely, laws regulating the orderly transmission of a decedent’s property are founded on the most ancient legal principles. 3 For centuries they have been the basis for establishment of clearly definitive disposition … Such a law clearly would be within the State’s power.

Garner v. City of Many

District Court, W.D. Louisiana · Sep 9, 2021

Whether an act is entitled to qualified immunity depends on if the official’s conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known. See Harlow v. … As for legal advice to police concerning the publicization of information, qualified immunity applies because the advice provided was not objectively unreasonable in light of clearly established law.

Guillot v. Russell

District Court, W.D. Louisiana · Apr 14, 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

Ford v. Caddo Parish

District Court, W.D. Louisiana · Apr 2, 2020

Rule 7(a) reply that is tailored to specifically address the defendant’s assertion of qualified immunity. … In doing so, Plaintiff must allege facts “focusing specifically on the conduct” of the individual Defendant in question which, if proven, would demonstrate that the Defendant had violated a clearly established constitutional

Nutmeg Insurance v. Atwell, Vogel & Sterling

120 F.R.D. 504 · District Court, W.D. Louisiana · Jan 20, 1988

Ryder, objected to Equifax’s efforts to establish the basis for Nutmeg’s suit against Twin City on the basis of attorney-client privilege. … The Fifth Circuit in In Re International Systems and Controls Corp., etc, 693 F.2d 1235 (5th Cir.1982), addressed the work-product immunity issue and stated: “We know that the work-product immunity protects only the documents

Cordova v. Louisiana State University Health Science Center

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

The doctrine of qualified immunity protects government officials from liability under § 1983 as long as their conduct does not violate “clearly established constitutional or statutory rights of which an objectively reasonable … A plaintiff seeking to defeat qualified immunity 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.

Graham v. Hamilton

872 F. Supp. 2d 529 · District Court, W.D. Louisiana · May 23, 2012

Plaintiffs argue that Jackson is qualified to speak as an expert on these issues. … Defendants respond that the questions that preceded Hobbs’ response clearly are not leading.

Culbert v. Cleco Corp.

926 F. Supp. 2d 886 · District Court, W.D. Louisiana · Feb 19, 2013

A showing that Culbert was “clearly better qualified” than those that were selected for the position will be sufficient to show pretext. See Moss v. BMC Software, Inc., 610 F.3d 917, 922 (5th Cir.2010). … Culbert has not presented any tenable evidence that he was clearly better qualified than those who were selected but only states that a jury could conclude that he was clearly better qualified for the Equipment Operator and

United States v. 597.75 Acres of Land

241 F. Supp. 796 · District Court, W.D. Louisiana · May 20, 1965

The fact that the United States has invoked the jurisdiction of the courts does not waive its immunity from suit. … The rule is firmly established that “the United States, as sovereign, is immune from suit save as it consents to be sued, * * * and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain

Dorsey v. City of Lafayette

District Court, W.D. Louisiana · Jun 10, 2020

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

Schmidt v. Cal-Dive International, Inc.

240 F. Supp. 3d 532 · District Court, W.D. Louisiana · Mar 6, 2017

[Id. at 19] ■ The Court finds the qualified privilege applies ’to this matter. … As observed in Smith , the purpose of qualified immunity is to protect certain persons from litigation in certain circumstances; the purpose of qualified immunity would be defeated if a plaintiff were only required to speculate

Carter v. City of Shreveport

District Court, W.D. Louisiana · Jan 21, 2021

Qualified immunity protects government officials against individual liability for civil damages, “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Nevertheless, the Court must still determine the appropriateness of qualified immunity by asking whether “the defendant’s actions were ‘objectively reasonable’ in light of ‘law which was clearly established at the time

Webb v. Lincoln Parish Sheriffs Office

District Court, W.D. Louisiana · Nov 21, 2019

To overcome qualified immunity, a plaintiff must first establish that a constitutional violation occurred and, second, that the violation was of a clearly established right. Cok ». … To overcome 19 qualified immunity, a plaintiff must first establish that a constitutional violation occurred and, second, that the violation was of a clearly established right.

Bell v. City of Lake Charles

District Court, W.D. Louisiana · Feb 20, 2020

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 of which … To overcome qualified immunity, the plaintiff “must plead specific facts that both allow the court to draw the reasonable inference that the defendant is liable for the harm he has alleged and that defeat a qualified immunity

Frank v. City of Lake Charles

District Court, W.D. Louisiana · Jun 15, 2022

[the employee’s] actions were objectively unreasonable in light of clearly established law at the time of the conduct in question.” … With respect to the first prong, the officers are only entitled to qualified immunity at the summary judgment stage if their use of force was not “clearly excessive to the need” or if the excessiveness was not “objectively