Case law

Elbert v. Lumbermen's Mut. Cas. Co.

107 F. Supp. 299 · District Court, W.D. Louisiana · Sep 4, 1952

Having in mirid the sense of immunity of the owner protected by the insurance and the possible danger of a less degree of care due to that immunity, it would seem to be a reasonable provision by the state in the interest … Smart, supra, the claim in Gaines had been established against the obligor., American Surety Co. v. Lewis State Bank, 5 Cir., 58 F.2d 559 , is not at all similar to the present case.

Brown v. Chavis

District Court, W.D. Louisiana · Jan 8, 2025

dismissal of the complaint, or any portion thereof, if the Court finds it is frivolous or malicious, if it fails to state a claim on which relief may be granted, or if it seeks monetary relief against a defendant who is immune … 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

Ellis

District Court, W.D. Louisiana · Nov 10, 2025

“A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” … First, to the extent she seeks damages from the sole Defendant, Judge Rogers, he is entitled to absolute immunity. “Judicial immunity is an immunity from suit and not just from the ultimate assessment of damages.”

Washington v. Jones

District Court, W.D. Louisiana · Feb 15, 2022

The Defendants contend that Washington’s claim of excessive force cannot overcome the protection of qualified immunity. … on the availability of qualified immunity as to the excessive force claim at this point.

Lebrun v. Baker Hughes Inc.

192 F. Supp. 3d 696 · District Court, W.D. Louisiana · Jun 14, 2016

It was clearly established, furthermore, that the Bertrand claimants were, arguably at least, “classical blue water” workers engaged in traditional maritime activities. … Our decisions after Bertrand have reaffirmed the essential principle- that to qualify as 'a seaman an employee must establish an attachment to a vessel or to an identifiable fleet of vessels.”)

Nelson v. Ellis

District Court, W.D. Louisiana · Sep 30, 2021

Ctr. 307 F.3d 318, 326 n.1 (5th Cir. 2002) (finding that the Fifth Circuit has “long recognized that Congress has clearly abrogated the states’ Eleventh Amendment immunity in enacting Title VII”). … His complaint very clearly states that he is seeking equitable relief under § 1983.

SkyRunner L L C v. Louisiana Motor Vehicle Commission

District Court, W.D. Louisiana · Oct 15, 2020

has not abrogated the immunity in this context. … House is clearly “delegated some enforcement authority . . . [and has taken] an active role in enforcing” the LMVC laws. Id. at 125.

Pavell v. Berwick

48 F. Supp. 246 · District Court, W.D. Louisiana · Jan 16, 1943

We find as a fact that the legal title to the lands is in the plaintiffs, clearly established by the record, beginning with the United States patents, and followed in an uninterrupted chain by deeds, leases, judgments, succession … None of the lands in question left the public domain until 1922 (Act of Congress of August 24, 1922, c. 287, 42 Stat. 830 ); it is obvious — -granting, for the sake of argument, that should the defendants qualify in their

Daniel v. Richardson

325 F. Supp. 1140 · District Court, W.D. Louisiana · Mar 12, 1971

The Examiner considered the above regulations in evaluating the evidence presented to him, and found that claimant had only three (3) quarters of coverage during the qualifying period. … There are clearly contradictions contained in this record. Where such contradictions occur it is the task of the Secretary to resolve them. Stillwell v. Cohen, 411 F.2d 574 (5 Cir. 1969); O’Brien v.

Weathers v. Lafayette Parish School Board

520 F. Supp. 2d 827 · District Court, W.D. Louisiana · Oct 22, 2007

art teacher. 1 Outside of school, Weathers produced “contemporary, feminist art” which *829 she displayed on her personal website. 2 Weathers admits that her art may not be appropriate for all ages, and, on her website, clearly … That dogma has been qualified in important respects. See id., at 144-145 , 103 S.Ct. 1684 . The Court has made clear that public employees do not surrender all their First Amendment rights by reason of their employment.

In re Actos (Pioglitazone) Products Liability Litigation

274 F. Supp. 3d 485 · District Court, W.D. Louisiana · Jul 17, 2017

Establishment of MDL 2299 . … The settlement in this MDL clearly qualifies as a “super-mega-fund” recovery and, thus, the opportunities for comparison are relatively few.

Johnson v. Shreveport Garment Co.

422 F. Supp. 526 · District Court, W.D. Louisiana · Nov 18, 1976

Such a comparison is an impermissible one to establish a disparity, because the testimony established that the employees and their supervisors worked at different rates on different schedules with different job duties. … The notice clearly states, in subsection (A)(1); “1.

Francis v. Lemella

District Court, W.D. Louisiana · May 28, 2025

Charles Jagneaux is immune from suit and should not be included in any amended complaint. 3. … Francis must provide facts to establish that each named defendant displayed a subjective intent to cause harm.

Spurs v. United States

424 F. Supp. 977 · District Court, W.D. Louisiana · Jan 12, 1977

Regarding the first argument: there are two other grocery stores within four blocks of plaintiff’s establishment which are approved and do accept food stamps; they stay open twelve hours a day (slightly less convenient than … , or continues to qualify, for approval under the provisions of this chapter or the regulations issued pursuant to this chapter.

Darden v. Vines

District Court, W.D. Louisiana · Sep 21, 2023

Specifically, they claim protection from suit under tribal sovereign immunity, Eleventh Amendment immunity, absolute prosecutorial immunity, and qualified immunity. Id. … of absolute immunity.

Hebert v. Central Intelligence Agency

District Court, W.D. Louisiana · Apr 16, 2021

Gilley, 138 F.3d at 213 (clearly baseless); Horton v. Cockrell, 70 F.3d 397, 400 (5th Cir. 1995) (irrational or wholly incredible); Hicks v. … But federal courts lack jurisdiction over suits against a state, a state agency, or a state official in his official capacity unless that state has waived its sovereign immunity or Congress has clearly abrogated it.76

Alexander v. Lafayette

District Court, W.D. Louisiana · Sep 24, 2021

'*” The Individual Defendants have expressively raised the applicability of qualified immunity in their motions to dismiss.!”8 Whether an officer is entitled to qualified immunity turns on a two-prong inquiry. … ° Second, was that right “clearly established” at the time of the defendant’s alleged misconduct?'?

Brown v. McShaw

District Court, W.D. Louisiana · Mar 10, 2025

contentions are clearly baseless. Id. … He offers no allegations establishing that defendants used a mark "likely to cause confusion with another" mark.

Smith v. Thomas

District Court, W.D. Louisiana · May 1, 2025

The plaintiff bears the burden of establishing that equitable tolling applies. Rotella v. Pederson, 144 F.3d 892 (5th Cir. 1998); see also Ramirez v. … “Judicial immunity is an immunity from suit and not just from the ultimate assessment of damages.” Ballard v. Wall, 413 F.3d 510, 515 (5th Cir. 2005).

Blake v. Wal-Mart Stores, Inc.

358 F. Supp. 3d 576 · District Court, W.D. Louisiana · Oct 31, 2018

Manning clearly identifies her as the person who was pushing a cart that bumped into Plaintiff. Doc. 8, Exhibit 3. … One consideration has been whether the employee is alleged to be an active tortfeasor, not just an uninvolved manager or other supervisor who is likely immune from personal liability under Canter v.