Case law

Bagley v. Kolb

District Court, W.D. Louisiana · Aug 3, 2021

However, Kolb may still be entitled to qualified immunity if Bagley cannot show that Kolb’s conduct was unreasonable in light of clearly established law. … Clearly Established Kolb may still be entitled to qualified immunity, unless case law had established that his conduct violated the Fourth Amendment as of January 6, 2018.

Enron Equipment Procurement Co. v. THE M/V TITAN 2

82 F. Supp. 2d 602 · District Court, W.D. Louisiana · Dec 13, 1999

If the entity qualifies, it is afforded the protections of sovereign immunity. There are numerous ways under § 1605(a) to waive the immunity in order for a court to obtain in personam jurisdiction. … The other extreme is when general vague language clearly does not explicitly waive immunity.

Kennedy v. United States

750 F. Supp. 206 · District Court, W.D. Louisiana · Jul 30, 1990

The steps required to conform to that standard of care were also clearly established by the testimony. … The testimony clearly establishes that it is never appropriate to use a mammogram as a way to avoid performing a biopsy on a lump in the breast.

Kelley v. Kelley

425 F. Supp. 181 · District Court, W.D. Louisiana · Jan 17, 1977

only when that immunity has been waived by such an Act of Congress which clearly grants consent to specific types of suits. … Plaintiff cannot sue the United States for the relief here claimed from it because the Government has not clearly waived its immunity in such situations.

Newman Marchive Partnership v. Hightower

735 F. Supp. 2d 483 · District Court, W.D. Louisiana · Aug 18, 2010

First, the court must determine whether the plaintiff has alleged a violation of a clearly established constitutional right[ 26 ] l If the plaintiff fails this step, the defendant is entitled to qualified immunity. … action is a violation) violates a clearly established right.

Todd v. City of Natchitoches, Louisiana

238 F. Supp. 2d 793 · District Court, W.D. Louisiana · Oct 29, 2002

Qualified immunity extends to government officials performing discretionary functions; government officials are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … For the defense of qualified immunity to apply, an official’s conduct must not have violated a clearly established constitutional right, and the official must not have known that his conduct under the circumstances violated

Langley v. Edwards

872 F. Supp. 1531 · District Court, W.D. Louisiana · Jan 3, 1995

To survive a standing challenge, the party invoking federal jurisdiction bears the burden of establishing three mandatory elements. See, FW/PBS, Inc. v. … The court applied the three part test for standing established in Lujan v.

Poole v. Housing Authority for the Town of Vinton

202 F. Supp. 3d 617 · District Court, W.D. Louisiana · Aug 15, 2016

The evidence clearly shows that Poole’s lease was terminated in violation of § 1437d(k) and (l). … The issue of whether Dorsey has qualified immunity was not briefed, and the court declines to make findings as to whether Dorsey is liable in her individual capacity in this ruling. .

Bulk Lift International Inc. v. Flexcon & Systems, Inc.

122 F.R.D. 493 · District Court, W.D. Louisiana · Oct 13, 1988

Bulk Lift and Dorn then moved the court to quash the subpoena on the grounds of attorney-client privilege and the qualified work product immunity provided under Fed.R.Civ.P. 26(b)(3). … The Magistrate’s findings clearly show that she did not assume that the plaintiff’s claims had been abandoned.

Ussery v. Louisiana Ex Rel. Department of Health & Hospitals

962 F. Supp. 922 · District Court, W.D. Louisiana · Apr 25, 1997

Defendants assert that sovereign immunity bars pursuit of these claims in federal court. Plaintiff fails to rebut this argument. It is well established that the state is immune to state claims in federal court. … Title VII Retaliation Claim To establish her claim of retaliation in violation of Title VII, plaintiff must establish (1) that she engaged in a protected activity; (2) that she was subjected to an adverse employment action

Craig v. GRANT PARISH POLICE JURY

593 F. Supp. 2d 901 · District Court, W.D. Louisiana · Dec 1, 2008

legislative immunity. … R.S. 48:701 and vacating our denial of summary judgment based on qualified and absolute legislative immunity.

Rogers v. Columbia/HCA of Central Louisiana, Inc.

961 F. Supp. 960 · District Court, W.D. Louisiana · Feb 19, 1997

. § 13:3715.3 provides qualified immunity for members of hospital peer review committees. … It establishes qualified immunity and confidentiality under state law for peer review committees.

Sonnier v. Time, Inc.

172 F. Supp. 576 · District Court, W.D. Louisiana · Apr 7, 1959

Looking back over this long history of litigation, a trend is clearly discernible toward expanding the permissible scope of state jurisdiction over foreign corporations and other non-residents. 3 A large part of the business … Denckla, 357 U.S. 235 . 78 S.Ct. 1228 . 1238. 2 L.Ed.2d 1283 , “These restrictions are more than a guarantee of immunity from inconvenience * * *.

Smith v. Dooley

591 F. Supp. 1157 · District Court, W.D. Louisiana · Jul 23, 1984

Qualified Immunity The defendants made reference to the doctrine of qualified immunity available to police officials in their pretrial memorandum. … However, the qualified immunity defense was never affirmatively pleaded in the record.

Ventre v. Ryder

176 F. Supp. 90 · District Court, W.D. Louisiana · Aug 12, 1959

The petition here was signed by 25 qualified voters (they were not challenged in accordance with law). … Tullier simply reiterates the well-established principle that one has a federal constitutional right to register and vote if he possesses the necessary qualifications therefor under the state law.

Ryland v. Shapiro

586 F. Supp. 1495 · District Court, W.D. Louisiana · Aug 15, 1984

The defendants are entitled to qualified immunity in regard to their investigative function, see Marrero, 625 F.2d at 510-11 , and the same conclusion as to the availability of the immunity applies here. … There is absolutely no intimation in this record that the *1505 defendants in any way abused their privilege to assert qualified immunity from suit.

Sharp v. Lucky

148 F. Supp. 8 · District Court, W.D. Louisiana · Jan 30, 1957

is important, we think, in analyzing plaintiff’s charges against defendant, to take note of what facts he does not allege in his complaint, as well as what he affirmatively avers; i. e., absence of jurisdiction will more clearly … In that case the plaintiff was a woman who, otherwise fully qualified, had been denied a license to practice law by the Supreme Court of Illinois.

Whitesides v. Equifax Credit Information Services, Inc.

125 F. Supp. 2d 813 · District Court, W.D. Louisiana · Dec 4, 2000

Expe-rian asserts that the qualified immunity granted by 1681h(e) protects them from liability absent proof of malice or willful intent to injure the consumer. … (e) affords consumer reporting agencies with qualified immunity.

Dantin

District Court, W.D. Louisiana · May 12, 2026

Because it is plaintiff’s burden to establish that the challenged conduct violated clearly established law, the district court may, but is not obliged to, undertake the clearly established law analysis on its own. … a qualified immunity defense with equal specificity.”

Rose

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

Rose argues that qualified immunity should not apply to Spoon’s individual capacity claims as Spoon violated Rose’s right to be free from unreasonable seizures and excessive force, and such rights were clearly established … a right which was clearly established.