Case law

Brown v. Alexandria

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

Once the defendant raises a qualified immunity defense, the plaintiff carries the burden of demonstrating the inapplicability of qualified immunity. See Keller v. … Rather, Plaintiffs only provided one statement regarding Mayor Roy and his defense of qualified immunity: “[A]s Dr.

Spencer v. Dixon

290 F. Supp. 531 · District Court, W.D. Louisiana · Sep 30, 1968

March 29, 1968, this order was amended so that, upon assignment by the Louisiana Supreme Court of any other disinterested, qualified State Court judge than Judge Dixon, for hearing of the contempt citation, the order would … Defendant, Judge Dixon, has asserted by appropriate motion his immunity from such a claim, and it is the opinion of this court that his immunity clearly exists as to this claim, 9 even were it found that he acted maliciously

Magee v. United States Postal Service

903 F. Supp. 1022 · District Court, W.D. Louisiana · Jul 31, 1995

Assuming for purposes of these motions that plaintiff is in fact an individual with a disability under the Act, this Court must then determine if the evidence submitted properly establishes plaintiffs status as a “qualified … This was clearly a proper disclosure. Plaintiffs contentions that the receipt by Don Vereher and Mike Smith of a copy of the complete medical report of Dr. Rahn Sherman can be addressed together.

Stevenson v. International Paper Co.

432 F. Supp. 390 · District Court, W.D. Louisiana · Apr 29, 1977

Clearly, the uncounseled complainant cannot possess the technical prowess required to avoid procedural pitfalls. … or would have qualified him for the denied position, and an estimate of the amount of requested back pay.”

Fletcher v. Whittington

District Court, W.D. Louisiana · Aug 23, 2022

The qualified immunity doctrine shields prison officials from civil liability “so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … “To be clearly established for purposes of qualified immunity, the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Id. at 894.

Lewis v. Brandt Furniture, Inc.

277 F. Supp. 907 · District Court, W.D. Louisiana · Dec 9, 1967

There the Supreme Court considered whether a central warehouse which serviced forty-nine (49) retail outlets in two (2) states qualified for the “retail establishment” exemption of Section 13(a) (2). … Where the warehousing and retailing activities of a retail establishment are not functionally distinct but are functionally intermingled, then there is but a single establishment, which establishment is eligible to qualify

Alfred v. Duhe

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

Ct. 502 (1997), is clearly distinguishable. … The doctrine of absolute immunity is a policy compromise, the Supreme Court having determined that “the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest.” Id.

Hisaw v. Unisys Corp.

134 F.R.D. 151 · District Court, W.D. Louisiana · Jan 18, 1991

Beyond this refrain defendant has failed to establish through any evidence or information precise facts which exist to support the claim of attorney work-product protection. … As for the disclosure of the names of the persons with whom the deponents spoke in preparation for the deposition, the names of these persons are clearly discoverable under F.R.C.P. 26.

Ford v. Caddo Parish

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

Qualified immunity protects the Law Enforcement Defendants so long as their individual conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … When a defense of qualified immunity is asserted by the defendant, the plaintiff bears the burden of proving such immunity is inapplicable to the defendant’s conduct. See Waganfeald v.

Harvey v. Wal-Mart Louisiana L.L.C.

665 F. Supp. 2d 655 · District Court, W.D. Louisiana · Sep 30, 2009

in earlier decisions, its intent to reach conduct preceding the ‘corrective’ amendment must clearly appear.’ ”)). … Clearly, the activities impacted by Mr. Harvey’s condition constitute major life activities.

Jones

District Court, W.D. Louisiana · Jun 3, 2026

Tucker's actions to be reasonable under the qualified immunity analysis.”).6 La. … It then held that “the individual officers are protected by Louisiana’s qualified immunity statute.” Id.

Jacobs v. Peavy-Wilson Lumber Co.

33 F. Supp. 206 · District Court, W.D. Louisiana · May 14, 1940

Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community.’ Chicago, Burlington & Quincy R. Co. v. … It is unnecessary to cite official statistics to establish what is of common knowledge through the length and breadth of the land.

Davis v. Stone

District Court, W.D. Louisiana · Jul 9, 2019

The Fifth Circuit has consistently held that the decision of when and whether to file criminal charges clearly falls within the scope of a district attorney’s prosecutorial duties protected by absolute prosecutorial immunity … Clearly, prevailing on this claim would necessarily imply the invalidity of Plaintiff’s sentence. See generally Miller v. Hawkins, 73 F.

Whitten v. Petroleum Club of Lafayette

508 F. Supp. 765 · District Court, W.D. Louisiana · Feb 13, 1981

the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. * * ” Since the Fourteenth Amendment applies only to state action, § 1983 only establishes … This section is merely procedural in nature and clearly does not create an independent cause of action.

Hassen v. Bowman

District Court, W.D. Louisiana · May 27, 2025

And so construed, the Court has broad discretion in deciding these motions. , 367 F.3d 473, 482–83 (5th Cir. 2004).1 “A motion to alter or amend the judgment under Rule 59(e) ‘must clearly establish either … Treating medical providers clearly have an interest in this information to properly care for patients admitted to the hospital.

Reed v. Sisters of Charity of the Incarnate Word of Louisiana, Inc.

447 F. Supp. 309 · District Court, W.D. Louisiana · Mar 9, 1978

Her claim, for a position for which she admittedly was not qualified, is frivolous. 16. … None established any racial bias toward themselves. All (except Sammie Lee Lewis) were hired for the positions they applied for. None could name a higher paying job for which they were qualified and had sought.

Johnson v. LOUISIANA STATE EMP. SERVICE IN SHREVEPORT

301 F. Supp. 675 · District Court, W.D. Louisiana · Dec 31, 1968

Failing to refer qualified Negroes to jobs other than those of a domestic or menial nature; “b. … Carolina State Employment Service, 377 F.2d 239 (4 Cir. 1967), clearly is misplaced. There, no conciliation attempts at all *679 were made with respect to defendant, Exide Battery Service.

Sawyer v. United States

426 F. Supp. 572 · District Court, W.D. Louisiana · Feb 3, 1977

(Plaintiffs do not contend that they qualify under any of the express exceptions of 26 U.S.C. § 6654 , supra. Rather, they would have us establish an unwritten exception, one based on equitable principles.) … The exceptions to imposing the penalty clearly are expressed within the statute itself and its amendments.

Medford v. Lavergne

727 F. Supp. 2d 512 · District Court, W.D. Louisiana · Jul 27, 2010

Likewise, if the evidence before the Court indicated more clearly that Mr. … Lavergne asserted the following affirmative defenses: (1) the defenses of absolute and substantial truth; (2) qualified immunity; (3) that any disputed statements "allegedly made by ... [Mr.

Zanders v. Louisiana State Board of Education

281 F. Supp. 747 · District Court, W.D. Louisiana · Mar 8, 1968

The record clearly established that all relators had been afforded a fair hearing and their expulsions were affirmed. … clearly at a fair and impartial hearing before the State Board of Education, 57 and which was re-established before this Court.