Case law

Kaltenbach v. Breaux

690 F. Supp. 1551 · District Court, W.D. Louisiana · Jul 6, 1988

A defendant’s rights, however, may not be exercised in total disregard for established rules of procedure: In the exercise of this right, the accused, as is required of the State, must comply with established rules of procedure … Further, he contends that the trial court neither offered standby counsel nor qualified him for self-representation.

Hutchinson v. Reed

District Court, W.D. Louisiana · Apr 16, 2025

The seven affirmative defenses include the following: (1) failure to exhaust; (2) qualified immunity; (3) failure to mitigate; (4) Heck bar; (5) general denial; (6) no negligence on the part of the state; and (7) third … As to qualified immunity, he contends that this defense does not apply because there were no federal claims pled against DPS&C, and respondeat superior does not apply to federal claims. See id.

Lewis

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

He further apparently demanded that Judge Norris “place jurisdiction on the record before proceeding,” but Judge Norris “refused to address or establish jurisdiction and instead proceeded.” … Clearly, those circumstances are not present here where Lewis’ interactions with Judge Norris all occurred on the record in City Court. See Jackson v.

Walker v. Whittington

District Court, W.D. Louisiana · Aug 25, 2025

“To establish deliberate indifference, a plaintiff must show that officials ‘refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince … immunity defense.

Scarborough

District Court, W.D. Louisiana · Feb 23, 2026

Courts are also afforded the unusual power to pierce the veil of the factual allegations and dismiss those claims whose factual contentions are clearly baseless. B. … Neither private defense counsel nor court-appointed counsel qualify as state actors under § 1983. , 454 U.S. 312, 325 (1981) (public defender does not act under color of state law when performing a lawyer’s

Washington v. City of Bossier

District Court, W.D. Louisiana · Aug 25, 2025

Furthermore, Defendants aver that the City’s officers and employees are entitled to qualified immunity on claims where they have been sued in their individual capacities. See id. at 15–16. … Regardless, Defendants submit Chief Haugen is entitled to qualified immunity. See id. Additionally, Defendants address Washington’s negligence claim listed under count four. See id. at 20.

Bellard

District Court, W.D. Louisiana · Jun 18, 2026

An employee’s direct employer and his statutory employer are immune from tort liability under Louisiana Revised Statute 23:1061(A)(1). … In this case, the CITGO/Performance Contract clearly and unambiguously establishes CITGO as a statutory employer; therefore, Plaintiff has failed to overcome the presumption of the relationship.

Faulk v. Shinseki

216 F. Supp. 3d 752 · District Court, W.D. Louisiana · Oct 25, 2016

First, Plaintiff must establish a prima facie case of discrimination, “which requires a showing that the plaintiff (1) is a member of a protected group; (2) was qualified for the position at issue; (3) was discharged or suffered … “To establish a prima facie case of retaliation, the plaintiff must establish that: (1) he participated in an activity protected by Title VII; (2) his employer took an adverse employment action against him; and (3) a causal

Mills

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

Judicial immunity “can be overcome in two sets of circumstances: (1) ‘a judge is not immune from liability for nonjudicial actions, i.e., actions not taken in the judge’s judicial capacity’; and (2) ‘a judge is not immune … Plaintiffs’ allegations are not sufficient to overcome Judge Caldwell’s judicial immunity, as Plaintiffs’ allegations are clearly related to actions taken by Judge Caldwell in his judicial capacity.

Holmes v. TV-3, Inc.

141 F.R.D. 692 · District Court, W.D. Louisiana · Apr 12, 1991

Once the non-resident files the motion to dismiss, the party who seeks to invoke the jurisdiction of the Court bears the burden of establishing contacts by the non-resident sufficient to invoke the jurisdiction of the court … He says that it is not qualified to do business in Louisiana and it does not have a resident agent for service of process there.

Clark v. City of Alexandria

District Court, W.D. Louisiana · Sep 13, 2023

Although a “good-faith assertion of qualified immunity” means the plaintiff bears the burden of establishing its inapplicability, Plaintiffs’ Opposition does not address the applicability of this defense. … Although a “good-faith assertion of qualified immunity” means the plaintiff bears the burden of establishing its inapplicability, Plaintiffs’ Opposition entirely ignores the applicability of the defense.

Neloms v. Southwestern Electric Power Co.

440 F. Supp. 1353 · District Court, W.D. Louisiana · Nov 23, 1977

He excluded from the adult employed population figures those categories of persons that he felt clearly were not pertinent to the power industry. … If differential impact is shown by comparative evidence, the case should be established.

Crooms v. Burton

District Court, W.D. Louisiana · Feb 5, 2025

Crooms’ complaint fails to establish Burton’s liability as a non-state actor. Therefore, it is subject to dismissal for failure to state a claim upon which relief may be granted. … A prisoner who has sustained three dismissals qualifying under the “three strikes” provision may still pursue any claim, but “he or she must do so without the aid of i.f.p. procedures.”

Thomas v. Fontenot

District Court, W.D. Louisiana · Aug 14, 2024

Thomas filed a variety of responses to the motion, exceeding the briefing guidelines established in the Court’s Notice of Motion Setting. (Rec. Doc. 9). … Such allegations clearly identify matters within the “normal judicial function” of a state district court judge.

Thomas v. Wright

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

is really a suit against the state itself.36 “[W]hen the action is in essence one for the recovery of money from the state, the state is the real, substantial party in interest and is entitled to invoke its sovereign immunity … Barnum contends that he is a qualified healthcare provider under the LMMA, and Plaintiffs do not dispute this assertion.®* Additionally, Plaintiffs’ claims of Dr.

United States v. Brooks

298 F. Supp. 254 · District Court, W.D. Louisiana · Mar 21, 1969

establishing a right to the exemption. * * * The Board has no affirmative duty to ascertain whether or not the registrant qualifies for the exemption.” 10 With the above principles in mind, it is clear that the Board had … Each registrant will be considered as available for military service until his eligibility for deferment or exemption from military service is clearly established to the satisfaction of the local board.

Cordova v. Louisiana State University Health Science Center

District Court, W.D. Louisiana · Apr 14, 2021

This left only the substantive due process claim against Curry with the issue of qualified immunity deferred until summary judgment along with the breach of contract claim against LSU. Docs. 30, 43. … To this end the court can consider factors such as whether the plaintiff established a prima facie case, whether the defendant offered to settle the suit, and whether the court held a full trial—but these factors remain

Iberia Sugar Cooperative, Inc. v. United States

360 F. Supp. 967 · District Court, W.D. Louisiana · Sep 6, 1972

. *968 FACTS The facts have been established by the pleadings, by stipulation, or have been set forth in plaintiff’s answers to interrogatories. … The law clearly states that such a portion of a patronage dividend or refund is not a true patronage dividend, and consequently is not deductible for federal income tax purposes.

Gonzales v. Blanchet

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

Clearly, plaintiff sues the judicial officers for acts that arose out of their normal judicial function, and they are entitled to absolute judicial immunity. … The instant complaint is devoid of any facts that establish plaintiff’s claims are for any action other than Don Landry’s role as a prosecutor and, as such, he is absolutely immune from this suit. 2) Jessica

McKinney v. Sheriffs Office Rapides Parish

District Court, W.D. Louisiana · Mar 19, 2021

Plaintiff does not clearly identify Deputy McKinney’s impairment. … To establish that Deputy McKinney was “qualified,” Plaintiff must show that either (1) Deputy McKinney could “perform the essential functions of the job in spite of his disability,” or, if he could not, (2) that “a reasonable