Case law

Jones v. Board of Supervisors of the University of Louisiana System

58 F. Supp. 3d 670 · District Court, W.D. Louisiana · Sep 30, 2014

Qualified Immunity for State Officials Randall Webb and Lisa Abney are entitled to qualified immunity from suit in their individual capacities. 2 “Qualified immunity protects public officers from suit if their conduct does … To defeat a defense of qualified immunity, the plaintiff must show “the officer violated a clearly established constitutional right [and that] the official’s conduct was objectively unreasonable under established law.”

Strong v. Grambling State University

159 F. Supp. 3d 697 · District Court, W.D. Louisiana · Mar 25, 2015

Nevertheless, “[qualified immunity protects public officers from suit if their conduct does not violate any ‘clearly established statutory or constitutional rights of which a reasonable person would have known’ ” Prison Legal … Hollins, 551 F.3d 322, 326 (5th Cir.2008)). *712 In order to overcome the defense of qualified immunity, the plaintiff must show: “(l)the official violated a statutory or constitutional right; and (2) the right was clearly

G & H Development, LLC v. Penwell

9 F. Supp. 3d 658 · District Court, W.D. Louisiana · Mar 26, 2014

In an earlier ruling, this Court also dismissed G & H’s claims against Penwell, in her individual capacity, on the grounds of qualified immunity. See id. … Pursuant to O’Neal , this Court must weigh the costs and benefits of denying or affording absolute immunity as contrasted with qualified immunity. See id.

Byrd v. City of Bossier

23 F. Supp. 3d 665 · District Court, W.D. Louisiana · May 29, 2014

reasonable in light of then clearly established law.” … objectively reasonable in light of clearly established law.

Craig v. St. Martin Parish Sheriff

861 F. Supp. 1290 · District Court, W.D. Louisiana · Aug 22, 1994

However, qualified immunity turns on the objective reasonableness of the action assessed in the light of the legal rules that were clearly established at the time it was taken. White v. … Because there is sufficient evidence that the defendants violated clearly established law, the court declines to grant them qualified immunity on *1297 Craig’s Fourth and Fourteenth Amendment claims arising out of his detention

Omar v. Casterline

414 F. Supp. 2d 582 · District Court, W.D. Louisiana · Feb 8, 2006

Qualified Immunity In this case, the defendants have pleaded qualified immunity to both the constitutional and statutory allegations made by Omar. … Qualified immunity provides protection for officials performing discretionary functions against “civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Moore v. United States Department of Agriculture

857 F. Supp. 507 · District Court, W.D. Louisiana · Jul 13, 1994

To establish a prima facie unlawful refusal-to-hire case a plaintiff must establish four things: that he or she belongs to a group protected by the EEOA; that he or she applied for and was qualified for a job for which applicants … However, when viewed under a standard of a reasonable commercial transaction, the area in which "clearly not creditworthy" and "clearly creditworthy" overlap is slight.

Daviston v. Louisiana State Board of Nursing

992 F. Supp. 852 · District Court, W.D. Louisiana · Jan 27, 1998

Under the above standard, the court finds that Daviston has alleged the deprivation of a clearly established right to a predeprivation hearing. 3 The second prong of the qualified immunity inquiry requires the court to determine … if the defendant’s conduct was objectively reasonable in light of clearly established law.

Bernofsky v. Road Home Corp.

741 F. Supp. 2d 773 · District Court, W.D. Louisiana · Sep 30, 2010

The parties do not dispute that the agencies qualify as the “state” for purposes of Eleventh Amendment immunity. … Absent a statute that clearly and expressly abrogates the state’s immunity, the court will not presume such intent. See Atascadero, 473 U.S. 234 at 240 , 105 S.Ct. at 3146 .

Golla v. City of Bossier City

687 F. Supp. 2d 645 · District Court, W.D. Louisiana · Dec 15, 2009

Qualified Immunity The doctrine of qualified immunity protects government officials “from liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Second, if a violation has been established, the court must then determine whether the officer’s actions were objectively reasonable in light of clearly established law at the time of the conduct in question.

Oladipupo v. Austin

104 F. Supp. 2d 643 · District Court, W.D. Louisiana · Apr 24, 2000

Qualified Immunity Belt and Thibodeaux contend that they are protected from liability on the basis of qualified immunity. … of clearly established law.

Deshotels v. Norsworthy

721 F. Supp. 2d 525 · District Court, W.D. Louisiana · Jul 1, 2010

Qualified immunity Defendants maintain they are entitled to qualified immunity because their conduct was reasonable under the circumstances. … whether plaintiffs have alleged the violation of a constitutional right and whether such right was clearly established. 36 The relevant, dispositive inquiry in determining whether a right is clearly established is whether

Rambo v. Morehouse Parish School Board

37 F. Supp. 2d 482 · District Court, W.D. Louisiana · Jan 19, 1999

The argument for qualified immunity is similarly flaccid. … But that has nothing to do with qualified immunity. As defendants were not immune from the initial suit, they cannot be qualifiedly immune from enforcement of the order. 3.

Oladipupo v. Austin

104 F. Supp. 2d 626 · District Court, W.D. Louisiana · Apr 24, 2000

Qualified Immunity Ail defendants contend that they are protected from liability on the basis of qualified immunity. … Qualified immunity protects officials in the course of performance of their discretionary duties unless their conduct violates a “clearly established [federal] statutory or constitutional right[ ] of which a reasonable person

Rayborn v. Bossier Parish School System

198 F. Supp. 3d 747 · District Court, W.D. Louisiana · Jul 18, 2016

or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.’ ” Cutler v. … As explained below, Plaintiff has likewise failed to establish a violation of the Fourteenth Amendment, such that Defendants are entitled to qualified immunity on that claim, as well. .

Owens v. Town of Delhi

469 F. Supp. 2d 403 · District Court, W.D. Louisiana · Jan 4, 2007

Defendants claim that Owens consented to search, and alternatively, that Officer Nielsen is entitled to qualified immunity because his conduct was objectively reasonable under the circumstances. … Assuming that the plaintiff has raised a genuine issue of material fact for trial on the constitutional issue, the court must then address the qualified immunity issue: whether it was clearly established that the officer

Howell v. Town of Ball

90 F. Supp. 3d 629 · District Court, W.D. Louisiana · Mar 3, 2015

Qualified or “good faith” immunity is an affirmative defense which must be pled by a defendant seeking its protection. 59 Qualified immunity generally protects government officials performing discretionary functions from … attributed to the Defendants asserting the defense of qualified immunity, Plaintiff must show: (1) that Defendants violated a constitutional right; and (2) that the right was clearly established at the time of the alleged

Lewis v. Goodie

798 F. Supp. 382 · District Court, W.D. Louisiana · Jul 16, 1992

The affirmative defense of qualified immunity was not raised by the defendants in their pleadings, memoranda or at trial, and was, accordingly, waived. … defendant’s actions assessed in light of clearly established law. 483 U.S. at 639 , 107 S.Ct. at 3038 .

Bulk Lift International, Inc. v. Flexcon & Systems, Inc.

122 F.R.D. 482 · District Court, W.D. Louisiana · Jun 13, 1988

Issues Raised In Motion to Quash Dorn argues that his subpoena and the related request for production of documents should be quashed on two grounds: attorney-client privilege and the qualified work-product immunity under … To the extent that these items request documents prepared by Dorn in anticipation of litigation involving the ’424 patent, these documents are protected under the qualified work-product immunity of Rule 26(b)(3).

Rogers v. Columbia/HCA of Central Louisiana, Inc.

971 F. Supp. 229 · District Court, W.D. Louisiana · Jun 9, 1997

. § 11101 , et seq., which establishes immunity for physician peer review committee actions in qualifying circumstances. 2 This suit is precisely the type that the HCQIA is intended to prevent. … Immunity Under the HCQIA The HCQIA provides immunity for qualifying peer review actions. The principal issue in this ease is whether the defendants are shielded because they complied with the dictates of the HCQIA.