Case law

Simmons v. Avoyelles Parish Police Jury

District Court, W.D. Louisiana · Apr 18, 2024

The Fifth Circuit has established that the court must determine a defendant's entitlement to qualified immunity “at the earliest possible stage of the litigation.” , 54 F.4th 307, 310 (5th Cir. 2022) (quoting … Even discovery limited to the issue of qualified immunity is permitted only if the court is unable to rule on the qualified immunity defense without additional facts, and then, only such discovery as is necessary

J. B. McCrary Co. v. Town of Winnfield

40 F. Supp. 427 · District Court, W.D. Louisiana · Aug 23, 1941

This fundamental rule applies to a municipal corporation, subject, however, to the numerous exceptions to and immunities from the rule, established by the jur-' *431 isprudence over many decades. … “Property once dedicated to public use is extra commercia, and inalienable by seizure and sale under execution against a municipal corporation, unless it is made affirmatively and clearly to appear that its use had been abandoned

Brumlow v. Shreveport

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

The Court dismissed Brumlow’s false arrest claim against Deputy Ukpabi based on qualified immunity. Unlike individual officers, sheriff’s departments are not entitled to qualified immunity. … However, Sheriff Richardson in his official capacity is not entitled to qualified immunity.

Committe v. Gentry

District Court, W.D. Louisiana · Jun 23, 2020

In so ruling, we find the issue of qualified immunity need not be further discussed as Committe fails to assert any meritorious claims against Vickie Gentry (“Gentry’’) for violating his academic freedom, due process rights … Finally, Committee further fails to establish a violation of any privileges or immunities under either Article IV of the Constitution or the Fourteenth Amendment.

Hardy v. Ducote

246 F. Supp. 2d 509 · District Court, W.D. Louisiana · Jan 20, 2003

Elsbury stated the plant safety, maintenance, and operations responsibility were delegated to properly trained and qualified supervisors. … Plaintiffs allege the following reasons why Du-cote is not immune from liability: (1) plaintiffs worked as independent contractors, not employees; (2) the case law establishes that occupational diseases are presumptively

Newsome-Goudeau v. State of Louisiana

District Court, W.D. Louisiana · Oct 4, 2019

Therefore, Defendant could not be entitled to qualified immunity at the motion to dismiss stage. … Defendant has apparently interpreted the Court’s ruling on qualified immunity at the motion to dismiss stage to mean that he is automatically entitled to qualified immunity if he can show that a suicide prevention policy

Llano Del Rio Co. of Nevada v. Anderson-Post Hardwood Lumber Co.

79 F. Supp. 382 · District Court, W.D. Louisiana · Aug 2, 1948

Ferguson and Woosley, in the matters charged, acted both in their “private and personal capacity” and as “duly appointed and qualified attorneys “for such receiver, under appointment of said court * * * ”. . … Then, too, it was found by this court that under Section 75 of the Bankruptcy Act, 11 U.S.C.A. § 203 , as it stood at that time, it was necessary to establish that 75 per cent of the stockholders of the corporation were farmers

Weaver v. Louisiana Bureau of Investigation

District Court, W.D. Louisiana · Aug 9, 2023

In some circumstances, however, state actors are immune from § 1983 lawsuits and other legal challenges under the doctrine of qualified immunity. … 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

Alexander v. Lancaster

330 F. Supp. 341 · District Court, W.D. Louisiana · Jan 1, 1971

Upon motion for summary judgment, the Court must determine : First, whether the publications are protected by the First Amendment under the immunity rule established in New York Times Co. v. … Metromedia, Inc., 403 U.S. 29 , 91 S.Ct. 1811 , 29 L.Ed.2d 296 (1971), the Supreme Court clearly held that the New York Times Rule was not limited to “public officials” or “public figures.”

Geyen v. Marsh

587 F. Supp. 539 · District Court, W.D. Louisiana · Jul 18, 1984

The Army’s 1978 order clearly cannot revive causes of action against the United States where the statute of limitations has already run nor can it repeal an act of Congress. … For the reasons already stated above that re-review does not override Congressional intent, we find that plaintiff has not rebutted the presumption of inexcusable delay and prejudice established by defendants.

Cryer v. United States

554 F. Supp. 2d 642 · District Court, W.D. Louisiana · May 9, 2008

. § 6103 (k)(6); and are immunized under the “good faith, but erroneous interpretation of section 6103” defense provided under 26 U.S.C. § 7431 (b). … Clearly, the letters do not disclose any “return information.” Therefore, Cryer fails to state a claim under § 7431 with regard to the written disclosures.

Brown v. City of Alexandria

District Court, W.D. Louisiana · Jul 21, 2022

Qualified Immunity Standard The defense of qualified immunity shields government officials performing discretionary functions from liability for civil damages if their conduct … Clearly Established Law The Court next considers the second prong of the qualified immunity analysis, that is, whether Lt.

Fogleman-Laxey v. Guillory

District Court, W.D. Louisiana · Feb 3, 2025

(f) Sheriff Garber’s Immunity In his Motion, Sheriff Garber asserts that he is entitled to discretionary immunity and qualified immunity. See Record Document 129-2 at 21, 22. … Under qualified immunity, government officials are protected “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a

Vaughn v. United States

589 F. Supp. 1528 · District Court, W.D. Louisiana · Jun 25, 1984

Vaughn contends that information as to the amount of his income would, if revealed, “represent the governments [sic] primary source of evidence in establishing that plaintiff had established false financial information in … A taxpayer is not deprived of due process when his case is dismissed because he has failed to demonstrate a genuine issue of material fact and his legal arguments are all clearly without merit. Knighten v.

United States v. 118/100 Tablet Bottles

662 F. Supp. 511 · District Court, W.D. Louisiana · May 18, 1987

Clearly, there is no “consensus” of medical opinion that Margesic # 3 is safe and effective, and thus, there cannot be general recognition of the product within the meaning of 21 U.S.C. § 321 (p). … Clearly, this determination does not involve complex scientific and technical issues.

Coulon v. School Board of St Mary Parish

District Court, W.D. Louisiana · Jun 10, 2021

qualified immunity. … [the employee’s] actions were objectively unreasonable in light of clearly established law at the time of the conduct in question.”

Brown v. Bihm

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

ANALYSIS The Fifth Circuit has established that the court must determine a defendant’s entitlement to qualified immunity “at the earliest possible stage of the litigation.” … Qualified immunity is one such preliminary question because it is an immunity from suit.

Mayes v. Office Depot, Inc.

292 F. Supp. 2d 878 · District Court, W.D. Louisiana · Sep 19, 2003

A plaintiff can establish pretext and survive summary judgment by providing evidence that she was “clearly better qualified” than the employee selected for the position at issue. Celestine, 266 F.3d at 357 . … Even if Mayes had more work experience or longer tenure with the company, that alone would not establish that she is clearly better qualified. Price, 283 F.3d at 723 (5th Cir.2002)(citing Nichols v.

Brock v. Self

632 F. Supp. 1509 · District Court, W.D. Louisiana · Apr 17, 1986

and/or Qualifying Employer Securities, as defined in Section 407(d) of ERISA.” … In accordance with the Findings of Fact set forth above, this Court rejects this contention and finds that the duties and actions undertaken by Third-Party Defendants clearly establish their role as fiduciaries with regard

Thornton v. A B C Insurance Co

District Court, W.D. Louisiana · Feb 21, 2024

Qualified Immunity. Next, Ritter argues that he is entitled to qualified immunity. … If so, Ritter’s actions violated clearly established law and he is not entitled to qualified immunity. 4. Plaintiff’s State Law Claims.