Case law

McMurry v. Phelps

533 F. Supp. 742 · District Court, W.D. Louisiana · Jan 7, 1982

All jailers will be trained in the use of these devices by persons qualified to train in the use of these devices. … Each duty listed by plaintiffs in the pretrial order is established by state law and directed to the office not the individual. Individuals also enjoy a qualified immunity for damages under § 1983. Procunier v.

Ausberry v. City of Monroe, La.

456 F. Supp. 460 · District Court, W.D. Louisiana · Sep 7, 1978

The three members of the Council are required to qualify and be elected on an at-large basis. L.R.S. 33:522. 21. … However, a substantial number of well-qualified candidates have run for various offices.

Batiste v. Lafayette Parish

District Court, W.D. Louisiana · Sep 24, 2024

The standard of conduct for providing medical care to inmates under the Eighth Amendment was clearly established by the Supreme Court in Estelle v. Gamble, 429 U.S. 97 (1976). … That act was clearly a medical decision, and not any form of punishment.

Nebo Construction Co. v. Southeastern Electric Construction Co.

200 F. Supp. 582 · District Court, W.D. Louisiana · Dec 21, 1961

to do business in Louisiana, (2) Southeastern Constructors, Inc., a Florida corporation qualified to do business in Louisiana, (3) Houston Gas and Oil Corporation, a Florida corporation qualified to do business in Louisiana … McCullough, it is clearly established that the following “details,” among others, were not “worked out” or agreed upon among the parties : (1) who would supply the expensive equipment for clearing the right-of-way, for example

Jena Band of Choctaw Indians v. Tri-Millennium Corp.

387 F. Supp. 2d 671 · District Court, W.D. Louisiana · Jul 22, 2005

Transferring responsibility for the establishment and maintenance of accounting procedures for the gaming operation. 3. … A letter from the NIGC, dated 30 May 2002, clearly indicates that the parties failed to provide it with the documents requisite for a “complete submission.”

Fletcher v. Whittington

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

Roberts raises qualified immunity once: “prison officials are protected by qualified immunity for medical treatment decisions, unless . . . .” Record Document 139-2 at 13. … Without more, this Court will not address the applicability and/or availability of the qualified immunity defense. (5th Cir. 2018) (emphasis added), citing Porter v.

Green v. Bankers Indemnity Ins. Co.

84 F. Supp. 504 · District Court, W.D. Louisiana · Jun 8, 1949

Another witness called by the defense was Dan Babin, a qualified pilot who flew from the Jennings airfield. Babin testified that he could see clouds building up in the northwest. … From the facts we have just established, the inescapable conclusion is that' the negligent acts of the pilot of the plane was not with the consent of the insured.

Manyweather v. Woodlawn Manor Inc

District Court, W.D. Louisiana · Oct 22, 2021

First, to qualify as a complete preemption statute, the PREP Act must contain a civil enforcement provision which both replaces and protects the analogous area of law. Johnson, 214 F.3d at 632. … Here, weighing these factors clearly indicates that the Court should decline to exercise supplemental jurisdiction.

Smith v. Cooley

District Court, W.D. Louisiana · Nov 18, 2024

dismissal of the complaint or any portion thereof if the court determines that it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … Job Assignment Plaintiff does not have a protected interest in his prison job assignment, as there is no clearly established constitutional right possessed by

Independent Turtle Farmers of Louisiana, Inc. v. United States

703 F. Supp. 2d 604 · District Court, W.D. Louisiana · Mar 30, 2010

‘[w]e must look at the decision not as a chemist, biologist, or statistician that we are qualified neither by training nor experience to be, but as a reviewing court exercising our narrowly defined duty of holding agencies … July 15, 1999) ("Although the Supreme Court has indicated that the record should be the 'focal point for judicial review’, it has refrained from establishing an absolute record rule in all cases.

Auld v. Globe Indemnity Company

220 F. Supp. 96 · District Court, W.D. Louisiana · Apr 25, 1963

That decision established an exception to the then Louisiana law that no contribution could be demanded among joint tortfeasors unless they were cast in judgment in solido 1 This doctrine, as tersely stated in Northwestern … To impose a non-contractual duty of contribution on the employer is pro tanto to deprive him of the immunity which the statute grants him in exchange for his absolute, though limited, liability to secure compensation to his

CTHH Enterprises, Inc. v. Brunson (In re Havard)

209 B.R. 196 · District Court, W.D. Louisiana · Apr 10, 1997

A bankruptcy court’s conclusions of law are subject to de novo review on appeal and the findings of fact are adopted, unless *198 clearly erroneous. … Notwithstanding this phrase, the substance of the agreement clearly demonstrates that the contract rights are not in the nature of a land conveyance.

Dowles v. Barnhart

258 F. Supp. 2d 478 · District Court, W.D. Louisiana · Mar 31, 2003

Its qualifying financial tests are income and resource tests. Ineligibility for DIB under Title II does not affect eligibility for SSI under Title XVI. Thomas v. Schweiker, 666 F.2d 999, 1001 (5th Cir.1982). … Since systemic lupus erythematosus is a nonexertional impairment, the ALJ clearly erred in relying on the medical-vocational guidelines to find Dowles is not disabled.

Gurst v. Dove

District Court, W.D. Louisiana · May 8, 2020

The record clearly establishes Gurst was terminated for a serious failure to follow NPDC’s policies and procedures regarding physical inmate counts. … Gurst must establish his prima facie case by establishing “(1) he was discharged; 2) he was qualified for the position; (3) he was within the protected class at the time of discharge, and (4) ‘evidence, circumstantial or

Nolan

District Court, W.D. Louisiana · Oct 6, 2025

The Minden Police Department does not qualify as a juridical person. See Cozzo v. … "To establish a Fourth Amendment violation based on an officer’s use of excessive force, the plaintiff must show: (1) an injury; (2) which resulted from the use of force that was clearly excessive to the need; (3) the

Thomas v. Cooley

District Court, W.D. Louisiana · Sep 27, 2024

damages against a federal officer, conclusory allegations are disregarded, and a court is to ask whether well pled factual allegations plausibly suggest that a defendant personally violated one or more of a plaintiff's clearly … established Constitutional rights.

Saucier v. Uchendu

District Court, W.D. Louisiana · Jan 7, 2021

the Patient’s Compensation Fund and has paid the required surcharge.11 The burden is on the defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the MMA.12 … Hutchinson failed to prove that she was a qualified health care provider at the relevant time and consequently failed to establish that this lawsuit is premature for failure to invoke a medical review panel.

Boutte v. Blood Systems, Inc.

127 F.R.D. 122 · District Court, W.D. Louisiana · Jun 30, 1989

The donor clearly has a privacy interest in remaining anonymous and avoiding the embarrassment and potential humiliation of being identified as an AIDS carrier. … A qualified court reporter shall be in attendance to administer the oath and to transcribe the answers to the questions in accordance with Rule 31.

Miner v. Johns

589 B.R. 51 · District Court, W.D. Louisiana · May 23, 2018

In reaching this conclusion the Prigge court noted that Congress added section 1322(f) to the Code, which clearly states that payments for 401(k) loans are not to be considered disposable income. Id. at 677 . … The "means test" utilizes the National and Local Standards established by the IRS for expenses in a given location.

Dye v. McKeithen

856 F. Supp. 303 · District Court, W.D. Louisiana · Jun 28, 1994

Clearly, the Vernon Parish School Board did not comply with the statutory mandate regarding the content of the required resolution, nor regarding its publication. … Qualifying for school board positions shall begin on the fourteenth day from the passing of the resolution and candidates shall have one week to qualify for the election.