Case law

Coley v. Boyett

District Court, W.D. Louisiana · Oct 22, 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. ». … Lf there is no constitutional violation, the officer is entitled to qualified immunity.

Frantom v. United States

District Court, W.D. Louisiana · Sep 22, 2021

In doing so, the Court must strictly construe the “immunity statutes . . . against the party claiming the immunity.” … Rather, the statute’s purpose “is to establish a compensation obligation on the part of the principal who obligates itself to a party for the performance of work and who then subcontracts with intermediaries

State of Louisiana v. Equal Employment Opportunity Commission

District Court, W.D. Louisiana · Jun 17, 2024

Here, Louisiana and Mississippi – as employers and without the shield of Eleventh Amendment sovereign immunity – are directly regulated by the PWFA and the Final Rule. … Under section 702(a), for example, qualifying religious organizations are exempt from Title VII’s prohibition against discrimination on the basis of religion, but, as U.S. courts of appeals have recognized, qualifying

United States Conference of Catholic Bishops v. Equal Employment Opportunity Commission

District Court, W.D. Louisiana · Jun 17, 2024

Here, Louisiana and Mississippi – as employers and without the shield of Eleventh Amendment sovereign immunity – are directly regulated by the PWFA and the Final Rule. … Under section 702(a), for example, qualifying religious organizations are exempt from Title VII’s prohibition against discrimination on the basis of religion, but, as U.S. courts of appeals have recognized, qualifying

Praetorian Specialty Insurance v. Auguillard Construction Co.

829 F. Supp. 2d 456 · District Court, W.D. Louisiana · May 20, 2010

I fail to see any due process interest which would be served by such immunity. Id. at 555-56 . … While these arguments have some merit, this court does not believe they establish that the Eastern District of Louisiana is “clearly more convenient than the venue chosen by the plaintiff.”

SkyRunner L L C v. Louisiana Motor Vehicle Commission

District Court, W.D. Louisiana · Oct 31, 2019

Clearly, the LMVC is concerned with state-wide rather than local matters. Thus, the fourth factor weighs in favor of immunity. 5. … Eleventh Amendment Immunity as to the LMVC Now that the Court has established that the LMVC is generally entitled to Eleventh Amendment immunity, it must determine whether that immunity protects the LMVC from

Sonnier v. Mayor of Vinton

484 F. Supp. 146 · District Court, W.D. Louisiana · Feb 7, 1980

Her testimony clearly refuted the allegations in (1) above, and her testimony was substantiated by a Deputy in her office. … The evidence also established that the town was trying to hire additional qualified policemen, regardless of color.

Thomas v. Wright

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

Barnum, Oliver, Orsborn, Bernstine, Childress, George, and Clark as defendants.21 Sheriff Wright, Childress, George, Clark, Bernstein, Oliver, and Orsborn filed an answer in which they asserted qualified immunity.22 Those … defendants then filed a motion asking this Court to require Plaintiffs to file a reply addressing qualified immunity under Rule 7(a),23 and the Court granted that motion.24 Defendants filed the instant Motion to Dismiss

Smith v. Prator

District Court, W.D. Louisiana · Sep 30, 2022

Further, a supervisor faced with such a claim may assert the defense of qualified immunity, which Hayes and Wright have done here. See Record Document 43-1 at 10. … Yet Smith did not address the qualified immunity defense in the Third Amended Complaint or the Memorandum in Opposition to the Motion to Dismiss. See Record Documents 39 & 45.

Parker

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

A plaintiff must establish that a prison official “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard for … June 30, 2023) (finding “none of the criteria to establish a credible” claim where the plaintiff was treated by a qualified mental health professional “instead of a doctor or some other more qualified health professional

Cormier v. P. P. G. Industries, Inc.

519 F. Supp. 211 · District Court, W.D. Louisiana · Jun 18, 1981

The court finds the evidence clearly establishes the jobs in the silica pigments progression line were created on sound business considerations. … With respect to the first point, the evidence establishes quite clearly how the jobs evolved in the labor department.

Stanfield v. Brookshire Grocery Co.

752 F. Supp. 726 · District Court, W.D. Louisiana · Oct 25, 1990

Because there is no direct evidence that plaintiff was fired for being too old, *728 plaintiff must attempt to establish his case through circumstantial evidence. … At that time he was qualified to hold his position, having eighteen years of experience as a school janitor.

United States ex rel. Sheffield v. Waller

126 F. Supp. 537 · District Court, W.D. Louisiana · Dec 23, 1954

On further questioning the next day, he withdrew his statements tending to establish self-defense and made a damning confession which was the coup de grace at his trial. … This clearly was unnecessary to the State’s case, and was done to prejudice the jury. 13 Defense counsel made no post-trial motions and did not appeal.

Wirtz v. Soft Drinks of Shreveport, Inc.

336 F. Supp. 950 · District Court, W.D. Louisiana · Dec 23, 1971

The general rule applicable to segregation of qualifying from non-qualifying weeks is that once the employee has demonstrated regular or recurrent qualifying work for the time in question the burden shifts to the employer … Clearly, LaDew is inapposite to *959 the facts we find in Soft Drinks.

Poland v. Beaird-Poulan

483 F. Supp. 1256 · District Court, W.D. Louisiana · Jan 31, 1980

These facts are established by a preponderance of the evidence: 1. Arnetta Poland is an adult male, now 43 years of age. … Thus, the holding in Chappuis is clearly based on a finding that the manufacturer knew of the danger but that the injured person did not.

Hughes v. Caddo Parish School Board

57 F. Supp. 508 · District Court, W.D. Louisiana · Jan 29, 1945

It is only when it is clearly shown that the action of such a board is beyond its authority or is ar-° bitrary, Unreasonable, or fraudulent that a court is justified in interfering.’ … The United States Supreme Court held that Waugh could be so obliged without denying him due process of law or his privileges or immunities as a citizen of the United States under the fourteenth amendment.

Petry v. 15th Judicial District Court

District Court, W.D. Louisiana · Jun 12, 2025

The Notice of Felony Status, also provided by Petry as an exhibit to his complaint, establishes that he was ultimately charged with numerous counts of possession with intent to distribute narcotics and possession of a … whether it qualifies as a "juridical person." Fed. R. Civ. P. 17(b). Under these guidelines (Fed. R. Civ. P. 17(b) and La. Civ.

United States v. Eason

434 F. Supp. 1217 · District Court, W.D. Louisiana · Aug 12, 1977

punishments for the same offense.” 5 Offenses are not the same if there is an element, or are elements, of proof required of one crime not required of the other, notwithstanding a substantial overlap in the proof offered to establish … These decisions cannot be extended to clothe with immunity from future prosecution a defendant who chooses to take the stand in his own defense and discloses evidence of other crimes or testifies falsely.

Airline Car Rental, Inc. v. Shreveport Airport Authority

667 F. Supp. 303 · District Court, W.D. Louisiana · Jul 28, 1987

Recently, the Fifth Circuit applied the state action test to determine whether the City of Houston was immune from federal antitrust liability for granting an exclusive concession for taxicab service provided to airline passengers … The Resolution in question here clearly does not affirmatively discriminate against interstate transactions.

Allemang v. Louisiana

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

A qualified immunity defense to a claim under Louisiana constitutional law is analyzed under the same standard used for a qualified immunity defense to a claim under federal constitutional law. Moresi v. La. … Rogers was entitled to qualified immunity, Mr. Allemang’s claims for a violation of any state constitutional rights will be dismissed.