Case law

Thomas

District Court, W.D. Louisiana · Mar 3, 2026

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … In his Opposition, Thomas argues that the Defendants are not entitled to qualified immunity because their conduct was unlawful under clearly established laws. Doc. 47, p. 4.

Magnolia Island Plantation L L C v. Lucky Family L L C

District Court, W.D. Louisiana · Nov 25, 2024

In exercising its discretion, the Court will first examine the second prong of the qualified immunity analysis to determine whether the right was clearly established at the time of the violation. … This statement is incorrect, as case law requires a plaintiff to satisfy the clearly established prong for qualified immunity purposes.

D&G Holdings, LLC v. Sylvia Mathews Burwell

156 F. Supp. 3d 798 · District Court, W.D. Louisiana · Jan 12, 2016

Waivers of sovereign immunity are to be strictly construed and a “lack of waiver of sovereign immunity deprives federal courts of subject matter jurisdiction.” Wagstaff v. … Illinois Council’s progeny clearly establishes “that ‘delays in the administrative process,’ or *809 hardships related to the delay, are not sufficient to allow parties” to proceed directly to federal court.

Kennon

District Court, W.D. Louisiana · Mar 25, 2026

alleged and that defeat a qualified immunity defense with equal specificity.” … necessarily violated a clearly established constitutional right.

Willis-Knighton Medical Center v. City of Bossier

2 F. Supp. 2d 842 · District Court, W.D. Louisiana · Oct 15, 1997

, they also establish that their conduct was actively supervised by the state. … In its opposition memorandum, Willis-Knigh-ton asserts that the immunity doctrine does not apply unless the state statutory scheme evidences a " ‘clearly articulated and affirmatively expressed state policy’ to displace competition

Roelofs v. Lewals, Inc.

344 F. Supp. 1003 · District Court, W.D. Louisiana · May 31, 1972

Barclay White Co., 139 F.2d 556 (3rd Cir., 1943), cert. den’d 321 U.S. 799 , 64 S.Ct. 939 , 88 L.Ed. 1087 , clearly placed that statute in its proper perspective. … Though the FTC A waives tort immunity, it was not intended as a total abolition of over a century and a half’s sovereign immunity of the United States.

Thompson v. Safety Council of Southwest Louisiana

891 F. Supp. 306 · District Court, W.D. Louisiana · Jun 12, 1995

Neither party briefed the question of whether qualified immunity would bar these claims and that issue is not reached. … Neither party briefed the question of whether qualified immunity would bar these claims and that issue is not reached.

Henry v. Shreveport

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

(iii) Qualified Immunity The doctrine of qualified immunity insulates government officials from liability from civil damages insofar as their conduct does not violate clearly established … Claims of qualified immunity require a two-step analysis.

Moser v. Aminoil, U.S.A., Inc.

618 F. Supp. 774 · District Court, W.D. Louisiana · Aug 22, 1985

SEAMAN’S STATUS Sweco urges that Moser’s Jones Act claim must be dismissed because he does not qualify as a seaman. … Thus, the Court holds that Moser does not qualify as a seaman. III.

Thomas v. Frederick

766 F. Supp. 540 · District Court, W.D. Louisiana · Jun 4, 1991

Qualified Immunity All defendants are entitled to qualified immunity against money damages as long as their actions do not violate “clearly established statutory or constitutional rights of which a reasonable person would … There is no question that defendants are not entitled to qualified immunity.

Marsh

District Court, W.D. Louisiana · Mar 3, 2026

of qualified immunity is available to protect defendants “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Accordingly, there is no genuine dispute as to a material fact and Defendants are entitled to qualified immunity as to Marsh’s claims under federal law.5 5 The Court’s having resolved liability under qualified immunity

Goree v. City of Bastrop

District Court, W.D. Louisiana · Jan 29, 2025

Establishing qualified immunity requires a two-step analysis. Saucier v. Katz, 533 U.S. 194, 201 (2001). … Givens is not entitled to qualified immunity because the constitutional right to be free of deadly force is clearly established.

Johnson v. Rhame

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

The doctrine of qualified immunity protects government officials sued pursuant to 42 U.S.C. § 1983 “from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights … was of clearly established law.”

Sharp v. Elkins

616 F. Supp. 1561 · District Court, W.D. Louisiana · Sep 17, 1985

In order to establish that an in-state defendant has been fraudulently joined, “(t)he removing party must prove that there is absolutely no possibility that the plaintiff will be able to establish a cause of action against … Clearly this section exhibits a Congressional intent to include within the remedies of the LHWCA torts caused by the intentional acts of third persons.

Myers v. Coker

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

The doctrine of qualified immunity protects government officials sued in their individual capacities “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Therefore, Myers fails to allege a constitutional violation of a clearly established right and did not overcome the defense of qualified immunity as to Officer Coker and Chief Smith.

Courville v. Unknown Officers

District Court, W.D. Louisiana · Sep 11, 2024

Qualified immunity shields government officials from civil liability for claims under federal law unless their conduct "violates a clearly established constitutional right." Mace v. … The Court finds that Plaintiff has satisfied the first step of the qualified immunity analysis; he has alleged facts that, if proven, constitute a violation of his clearly established Fourth Amendment right to be free from

Mallet v. Geans

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

established statutory or constitutional rights.”1 When a defendant asserts qualified immunity, the plaintiff must show that he has pleaded “facts which, if true, would overcome the defense of qualified immunity.”2 To … do so, the plaintiff must show (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.3 For a right to be clearly established

Oladipupo v. Austin

104 F. Supp. 2d 623 · District Court, W.D. Louisiana · Apr 24, 2000

immunity. … established law.

Warren v. Talley

District Court, W.D. Louisiana · Jun 29, 2022

Qualified immunity protects government officials from liability for civil damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … The elements that a plaintiff must establish to overcome an officer’s claim of qualified immunity in an excessive force claim are: “(1) an injury, (2) which resulted directly and only from a use of force that was clearly

Walker v. Whittington

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

“Qualified immunity shields an officer from liability if his ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Benavides v. … The second prong of the qualified immunity analysis requires the violation of a right that has been clearly established. See id.