Case law

N.S. v. City of Alexandria

919 F. Supp. 2d 773 · District Court, W.D. Louisiana · Jan 24, 2013

“To prevail on an excessive force claim, a plaintiff must show: (1) injury, (2) which resulted directly and only from a use of force that was clearly excessive, and (8) the excessiveness of which was clearly unreasonable. … Therefore Fairbanks’s actions were reasonable under the circumstances and objectively reasonable under clearly established law, such that we will grant summary judgment on this claim in his favor. (Doc. 76-8).

Stewart v. Cooley

District Court, W.D. Louisiana · Dec 29, 2022

Plaintiff, through counsel, characterizes and cites law regarding Defendant’s defense of sovereign immunity as qualified immunity. … Louisiana Administrative Code title 22, Pt. 1, § 325(G)(1) establishes a 90-day deadline for filing a grievance following an incident.

Rayford v. Bowen

715 F. Supp. 1347 · District Court, W.D. Louisiana · May 25, 1989

The states, however, must have a program in place to conduct preadmission screening by 1 January 1989 regardless of whether any criteria are established by the Secretary. 42 U.S.C. § 1396r(e)(7)(A). … Bock conceded that until a week before trial the 90-L forms did not clearly identify whether a patient required a Level II screening. Bock at 15.

Lee v. Hunt

431 F. Supp. 371 · District Court, W.D. Louisiana · May 11, 1977

He held that a matrimonial domicile was established in Shreveport some three months after the marriage, and that two children were born there. … The defendant may not now claim immunity from the adjudication of these claims in Louisiana. The exercise of personal jurisdiction over the defendant adequately accords him due process of law.

Regions Outdoor Advertising, LLC v. City of New Iberia, ET AL.

District Court, W.D. Louisiana · Mar 9, 2026

uncontradicted and unimpeached.”22 “Credibility determinations are not part of the summary judgment analysis.”23 Rule 56 “mandates the entry of summary judgment . . . against a party who fails to make a showing sufficient to establish … sued.27 Rule 17 of the Federal Rules of Civil Procedure provides that “[c]apacity to sue or be sued shall be determined . . . by the law of the state where the court is located.”28 Under Louisiana law, an entity must qualify

Hays v. State of Louisiana

862 F. Supp. 119 · District Court, W.D. Louisiana · Jul 29, 1994

The Red River valley theory is clearly a post hoc rationalization similar to the Mississippi River theory offered to support Act 42 and equally unbelievable. … What the defense failed to establish is where the Civil Rights Act of 1964 and the Voting Rights Act of 1965 have failed to accomplish what the State now sets out to do.

Moore v. LaSalle Corrections Inc

District Court, W.D. Louisiana · Oct 30, 2020

Qualified Immunity Citing Richardson v. … Defendants conclude that Plaintiff’s briefing on qualified immunity provides no response to the above jurisprudence or argument, and, accordingly, Plaintiffs’ attempt to defeat the qualified immunity defense should be denied

Lavergne v. Chevron U.S.A., Inc.

782 F. Supp. 1163 · District Court, W.D. Louisiana · Sep 13, 1991

Analysis of Law and Facts Based ..pon the evidence as summarized above, the undersigned finds that the height of the seas varied between 4 feet and 8 feet, the preponderance of the evidence clearly establishing those perimeters … negligence on the part of any of the defendants named in this case. (3) Even if negligence against Chevron U.S.A., Inc. had been established, that defendant is immune from liability in tort to Randal J.

Dequeant v. Lafayette Parish

District Court, W.D. Louisiana · Sep 2, 2025

” □ Applying this discretionary function test, state and federal courts have held that Louisiana’s discretionary immunity statute immunizes officers … App. 3 Cir. 2004) (sheriff’s “hiring/retention policy was a discretionary act” for purposes of immunity under La. Rev.

United Companies Financial Corp. v. Davis

148 B.R. 16 · District Court, W.D. Louisiana · Nov 16, 1992

STANDARD OF REVIEW Findings of fact made in a bankruptcy proceeding will not be set aside unless clearly erroneous. In re Monning’s Dept. Stores, Inc., 929 F.2d 197 , 200 (5th Cir.1991). … CREDIT LIFE AND DISABILITY INSURANCE ARE NOT “ADDITIONAL SECURITY” UNDER 11 U.S.C. § 1322(b)(2) The second issue on appeal is whether credit life and disability insurance qualify as “additional security” under 11 U.S.C. §

Rapides Regional Medical Center v. American United Life Insurance

938 F. Supp. 380 · District Court, W.D. Louisiana · Aug 5, 1996

AUL, however, counters that the presence of several guarantees in the GAC qualify the contract for the guaranteed benefit policy exclusion. … The Interest Rate Guarantee The first guarantee that AUL identifies as establishing its non-fiduciary status is found in Art.

Tennessee Gas Transmission Co. v. Bayles

74 F. Supp. 258 · District Court, W.D. Louisiana · Nov 6, 1947

Those engaged in and experienced in the business, and who are best qualified to determine methods of construction, have testified in affidavits, that it would be dangerous to place these pipe lines closer together than 50 … Contracts with other land owners have no relevancj^ here unless and until facts are alleged, which clearly establish fraud or error.

Hardin v. Conoco, Inc.

712 F. Supp. 1240 · District Court, W.D. Louisiana · May 18, 1989

The moving parties seek dismissal, asserting that plaintiff was a “borrowed employee” of Conoco at the time of his alleged fall on a fixed platform in the Gulf of Mexico and therefore defendants are immune from suit in tort … The plaintiff opposes the motion on the grounds that the evidence does not establish that John Roche was a borrowed employee of Mark.

Ogbebor v. Hardy

District Court, W.D. Louisiana · Jul 7, 2025

warrant in lieu of a “proper bench warrant, absent any evidence of flight or due process notice, constituted judicial overreach and violated Plaintiff’s clearly established constitutional rights.” Id. … It is well established that judges enjoy absolute immunity from liability for damages arising out of performance of their judicial duties, regardless of bad faith. Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.

Thomisee v. Calcasieu Parish

District Court, W.D. Louisiana · Dec 20, 2024

Under Louisiana law, to possess such a capacity, an entity must qualify as a "juridical person." … To the extent she alleges a denial of medical care, plaintiff must provide facts to establish that each named defendant displayed a subjective intent to cause harm.

Beane v. Utility Trailer Manufacturing Co.

934 F. Supp. 2d 871 · District Court, W.D. Louisiana · Mar 6, 2013

France’s position clearly do not apply here, where Dr. France is offering an entirely new specific opinion on the Enz guard. See McPherson v. … Jan. 9, 2012) (allowing the inclusion of opinions “clearly articulated” in the report); Allen v.

United States v. Coen

72 F. Supp. 10 · District Court, W.D. Louisiana · Jun 12, 1947

In the trial of a similar motion in another case, the evidence of which was offered here, it was shown that in the Western District of Louisiana, nine women had qualified for jury service by registering, and that there had … These circumstances would seem to clearly establish the distinct nature of the several transactions and that the false swearing as to each one constitutes a separate crime", although given in one continuous appearance upon

Beaird-Poulan Division of Emerson Electric Co. v. Department of Highways

441 F. Supp. 866 · District Court, W.D. Louisiana · Dec 16, 1977

The decision by the Fifth Circuit, on appeal from our original dismissal of the complaint, established Beaird-Poulan’s right to apply for relocation benefits. … However, the quoted language from subsection (6) is followed by the qualifying clause “in whole or in part.”

Langley v. Ryder

602 F. Supp. 335 · District Court, W.D. Louisiana · Mar 15, 1985

Bingo constitutes gambling under state criminal law but the licensing law grants immunity from prosecution to those who obtain a lawful license. See La.R.S. 33:4861.15(3). … The acquisition of the land by donation is clearly authorized by section 5 of the Indian Reorganization Act of 1934, 48 Stat. 985 , codified at 25 U.S.C. § 465 .

Putnam v. United States

826 F. Supp. 988 · District Court, W.D. Louisiana · Apr 26, 1993

It argues that any reimbursement actually received by the Judge qualifies as taxable ordinary income. … Therefore, his claimed expenses qualify as nondeductible commuting costs. See also, Steinhort v.