Case law

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.

Rapides General Hospital v. Matthews

435 F. Supp. 384 · District Court, W.D. Louisiana · Aug 29, 1977

unlawful and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power privilege, or immunity … Income from funded depreciation or provider’s qualified pension fund is not used to reduce interest expense. (3) Proper.

United States v. Manning

215 F. Supp. 272 · District Court, W.D. Louisiana · Feb 23, 1963

Section 1971(e) clearly states that the only voters who can be registered are those who, after a hearing, are found to be “qualified under State law to vote”. … so qualified,” is clearly administrative.

Moore v. LaSalle Corrections Inc

District Court, W.D. Louisiana · Oct 30, 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 a reasonable … “[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’”

Moore v. LaSalle Corrections Inc

District Court, W.D. Louisiana · Jul 18, 2025

LAW AND ANALYSIS The first disputed legal issue concerns the applicability of qualified immunity and a good faith defense. … Plaintiffs contend that the individual defendants are barred from asserting both qualified immunity and a good faith defense.

Holcomb v. ERA Helicopters, Inc.

618 F. Supp. 339 · District Court, W.D. Louisiana · Sep 23, 1985

The “arising under” provision of federal subject matter jurisdiction has received thorough-going analysis by the courts, 1 and numerous decisions by the United States Supreme Court on this subject have clearly established … Moreover, this maritime nexus exists even though the helicopter itself does not qualify as a vessel. Barger v. Petroleum Helicopters, Inc., 692 F.2d 337 (5th Cir.1982).

Van Cleave v. Town of Gibsland, Louisiana

380 F. Supp. 135 · District Court, W.D. Louisiana · Jul 12, 1974

preliminary injunction, a permanent injunction and other appropriate relief to enjoin the alleged deprivation, under color of law, by the State of Louisiana (and in particular, the Town of Gibsland) of the rights, privileges and immunities … By the testimony of the plaintiff himself, it has been established that these criteria are not present in this case'.

Cordova v. Louisiana State University Health Science Center

District Court, W.D. Louisiana · Dec 17, 2020

As for the alleged violation, the court turns to Curry’s arguments on the qualified immunity issue. … Stucker, 893 So.2d 32 (La. 2005), shows that his constitutional interest in continuing in the program was well-established and defeats Curry’s qualified immunity defense on the second prong.

Reed v. Department of Corrections

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

Norman is entitled to qualified immunity. … To overcome qualified immunity, a plaintiff must show that: 38 [Doc.

Rainbow Investors Group, Inc. v. Fuji Trucolor Missouri, Inc.

168 F.R.D. 34 · District Court, W.D. Louisiana · May 13, 1996

However, while this proposition seems reasonable in theory, plaintiff offers nothing in either of his briefs to establish the privilege. … Plaintiff does not contend that the information sought from Delaunay by defendants is entitled to the qualified work-product immunity. Nonetheless, some comment regarding this issue is in order.

Hinson v. Arbuckle

District Court, W.D. Louisiana · Apr 24, 2023

Martin appealed the Court’s denial of qualified immunity. See Record Document 46. … because [Martin] is entitled to qualified immunity.” Record Document 119 at ¶ 2.

Stamos v. Standard Acc. Ins. Co.

119 F. Supp. 245 · District Court, W.D. Louisiana · Mar 1, 1954

Rome, therefore, did not establish the rule of Louisiana law here under attack. Edwards did; and, so far as we can determine, it is still the law of this state in eases arising within its boundaries. … We believe defendant’s motion clearly is unmeritorious 8 . It is overruled. 1 . Under LSA-R.S. 22:655, formerly Louisiana Act 55 of 1930. 2 .

Moore v. LaSalle Corrections Inc

District Court, W.D. Louisiana · Oct 30, 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 a reasonable person … “[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’”

In Re Conoco EDC Litigation

123 F. Supp. 2d 340 · District Court, W.D. Louisiana · Nov 16, 2000

So Congress promulgated the Convention Act in 1970 to establish procedures for our courts to implement the Convention.” McDermott International v. … In short, neither Danube nor XL have sovereign immunity to waive in order to accept federal jurisdiction. B.

Moore v. LaSalle Corrections Inc

District Court, W.D. Louisiana · Oct 30, 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 a reasonable … violated clearly established law.”

Cloud v. Stone

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

Qualified Immunity In the alternative, Defendants move for summary judgment based on a qualified immunity defense. … Courts employ a two-step procedure to gauge the applicability of qualified immunity.

Smith v. Lee

District Court, W.D. Louisiana · Mar 7, 2024

On appeal, the court affirmed the denial of qualified immunity for the unlawful entry claim. However, it reversed the Court’s denial of qualified immunity for Stewart's excessive force claim. … It determined that Lee was entitled to qualified immunity because, under the required qualified immunity analysis, no binding precedent “establishes under analogous circumstances how long a bite is too long

Goodwin v. Celebrezze

239 F. Supp. 487 · District Court, W.D. Louisiana · Mar 30, 1965

Were it otherwise few would ever be able to qualify. This was pointed out by Judge Rives in a decision which we have many times approved. … O'Brient, 5 Cir., 1963, 323 F.2d 989 , but believe that case to be clearly distinguishable on its facts from this one, particularly in that there the claimant had a high school education and clearly was qualified to perform

Shehee v. Aetna Casualty & Surety Co.

122 F. Supp. 1 · District Court, W.D. Louisiana · Jun 17, 1954

By this legislation Congress partially waived the sovereign immunity of the United States from liability for certain torts. … Likewise, we believe defendant intended to cover them in that respect, for the “assault and battery” clause clearly was meant to exclude only acts of willful violence.

Pigg v. B P X Energy

District Court, W.D. Louisiana · Sep 1, 2021

Because the Court’s decision in favor of dismissal can be reached without considering qualified immunity,3 that motion is hereby DENIED AS MOOT. I. … As such, “[t]he Eleventh Amendment bars an individual from suing a state in federal court unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity.” Perez v.