Case law

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

Sherrick v. Marindino

District Court, W.D. Louisiana · Nov 1, 2021

A claim is factually frivolous if the alleged facts are “clearly baseless, a category encompassing allegations that are ‘fanciful,’ ‘fantastic,’ and ‘delusional.’” , 504 U.S. 25, 32-33 (1992). … immunity) (internal quotations and citations omitted).

Bruce v. A C A Residential L L C

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

To sustain such a claim, Plaintiff would need to allege that Defendants qualify as a “public entity” within the meaning of the ADA.19 He failed to do so. … Section 1983 “establishes a cause of action against anyone who ‘under color of any statute, ordinance, regulation, custom, or usage, of any State ...

Neil E. Havlik v. Rod Myers et al

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

The United States argues that the BOP’s employees’ manner of transporting and restraining inmates and where they are to be placed within the SHU are clearly discretionary and are therefore precluded under the … Thus, he contends that it clearly falls outside the DFE because the officers’ negligence cannot be said to be based on policy considerations.

Watson v. Franklin Parish School Board

District Court, W.D. Louisiana · Jan 10, 2022

Watson further argues that she has proven pretext by establishing that she was clearly better qualified than Mr. McHand. … She states, therefore, she was clearly better qualified. Finally, she asserts there is “follow-up” evidence that she was clearly better qualified.

Sanders v. Myers

District Court, W.D. Louisiana · Nov 12, 2024

The Administrative Remedy Procedure does not itself establish any federal right. It is a mechanism for resolving disputes at the institutional level. … Under Louisiana law, an entity must qualify as a “juridical person,” which is an “entity to which the law attributes personality, such as a corporation or a partnership.” La. Civ. Code art. 24.

Burney v. Madison Parish Hospital Service District

District Court, W.D. Louisiana · Oct 16, 2024

sovereign immunity. … The Eleventh Amendment prohibits individuals from suing a state in federal court “unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity.” Pequeño v.

Hall v. Manning

District Court, W.D. Louisiana · Oct 8, 2021

contentions are clearly baseless. Id. … Under Louisiana law, an entity must qualify as a 6 See Bailey, 647 Fed.

Follette v. Clairol, Inc.

829 F. Supp. 840 · District Court, W.D. Louisiana · Mar 15, 1993

The court specifically held that qualifying to do business in Texas was insufficient to subject the defendant to the general in personam jurisdiction of the Texas courts. … The decision in Siemer was *844 clearly based upon the limits imposed by the due process clause. 2 The due process clause of the Fourteenth Amendment places limits on the State’s exercise of its judicial power over foreign

Davis

District Court, W.D. Louisiana · Jul 24, 2026

According to the Supreme Court, “[t]o have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … To establish a prima facie case of disparate treatment under the ECOA, a plaintiff must demonstrate that: (1) he is a member of a protected class; (2) that he applied for and was qualified for a loan; (3) despite his qualifications

Red River Parish Port Commission v. Headwaters Resources Inc.

698 F. Supp. 2d 684 · District Court, W.D. Louisiana · Mar 19, 2010

The $10,000 is clearly the result of the application of the previously established wharfage rate for fly ash, $0.20 per ton, to the 50,000 ton minimum cargo requirement. 30 The language also establishes the annual time frame … The agreement between Headwaters and the Port Commission establishing an obligation for Headwaters to build the barge loading facility qualifies as an agreement for a "public work” under the Public Bid Law. See La.

Parish v. National Collegiate Athletic Association

361 F. Supp. 1220 · District Court, W.D. Louisiana · Jul 31, 1973

Rights, privileges and immunities not derived from the federal Constitution or secured thereby are left exclusively to the protection of the states.’ … To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Coleman v. Intensive Specialty Hospital L L C

District Court, W.D. Louisiana · Dec 19, 2022

Thus, Plaintiffs’ petition clearly asserts claims for inaction on behalf of ISH, not action. … Thus, ISH seemingly cannot assert absolute immunity under the Act as a basis for dismissal of all claims; importantly, “[a] defendant’s intention to argue an affirmative defense of immunity does not transform the nature

Bish v. Employers' Liability Assur. Corp.

102 F. Supp. 343 · District Court, W.D. Louisiana · Jan 28, 1952

These measures permit claimants, by the accident of diverse citizenship, to avoid the courts of their own state, whose judges are better qualified to determine all their rights, largely because they are not susceptible to … The former is an immunity which cannot be taken away, while the latter accords a choice of forum which the state has no power to deny, whether waived or not. Home Insurance Co. of New York v.

Cordova v. Louisiana State University Health Science Center

District Court, W.D. Louisiana · Aug 23, 2022

immunity deferred until summary judgment. … To this end they asserted that (1) Curry is entitled to qualified immunity for any due process violation; (2) plaintiff has not identified a substantive due process property interest or violation thereof by Curry; and (

Coastal Club, Inc. v. Shell Oil Co.

45 F. Supp. 859 · District Court, W.D. Louisiana · Jul 11, 1942

It is important that we should quote fully the two main sections of this act so that the obligating force and effect upon the qualifying corporation may be well and fully appreciated : “Every corporation organized under the … Accordingly, we hold that Section 51 of the Judicial Code, 28 U.S.C.A. § 112 , is clearly and directly applicable and this court is vested with the venue of this case and the jurisdiction of the person of the defendant.

Charles v. Mancuso

District Court, W.D. Louisiana · Sep 15, 2023

Additionally, Defendants argue that the body camera video of the stop shows that officers were acting on the basis of probable cause and that the defense of qualified immunity applies to Plaintiffs’ claims. … Lastly, as to the Defendants’ asserted defense of qualified immunity, “[a] good-faith assertion of qualified immunity alters the usual summary judgment burden of proof, shifting it to the plaintiff to show that the defense

Evergreen Presbyterian Ministries, Inc. v. Hood

116 F. Supp. 2d 745 · District Court, W.D. Louisiana · Jun 14, 2000

Facts The Medicaid program was established pursuant to Title XIX of the Social Security Act ( 42 USC § 1396 , et seq.). … This section clearly benefits the plaintiffs in this action, satisfying the first prong of the Blessing analysis.

Box v. Sweet

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

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 … He has not established that this delay resulted in substantial physical or psychological harm.”).

Ludlam v. Ouachita Correctional Center

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