Case law

Fisher v. Bilfinger Industrial Services Inc

District Court, W.D. Louisiana · Mar 25, 2020

Fifth Circuit precedent clearly establishes a plaintiffs personal beliefs of racial motivation cannot import racial animus into an adverse individual’s conduct. … Though the statement is clearly race based, it does not help establish Fisher’s claim of race based harassment as the statement was never heard by Fisher.

White v. City of Winnfield

District Court, W.D. Louisiana · Oct 6, 2022

establish that the City was deliberately indifferent to providing training. … Accordingly, to survive a motion for summary judgment, White must demonstrate a genuine dispute of material fact as to each of these elements once the defendant asserts a qualified immunity defense.

Moreau v. St Landry Parish Fire District No 3

District Court, W.D. Louisiana · Sep 10, 2019

Shreve Memorial Library, 97 F.3d 746, 748 (5th Cir. 1996). 6Given the Court’s conclusions, it need not reach the additional arguments regarding Chief Rabalais or qualified immunity. … ATES DISTRICFIUD °The Court need not reach the remaining arguments on qualified immunity or the Parratt/Hudson doctrine. 26

Jergens

District Court, W.D. Louisiana · Mar 10, 2026

Furthermore, special circumstances are not necessarily established by the alleged infallibility of the federal claim. … The constitutional right to a speedy trial does not qualify as “a per se ‘special circumstance’ which would obviate the exhaustion requirement.”

Antoine v. Cajun Area Agency on Aging Inc

District Court, W.D. Louisiana · Aug 7, 2023

federal and state anti-discrimination laws as a condition of receiving funding.*' Specifically, she contends that the “GOEA [Policy and Procedure Manual], in compliance with the [Older Americans Act (“OAA”)], clearly … Antoine, however, makes no allegation that the eight parish Councils on Aging qualify as agents of CAAA.

Bertram v. Progressive Southeastern Insurance Co

District Court, W.D. Louisiana · Jan 25, 2023

Instead, “it must be clearly established.” Id. … Converse to an agency relationship, an independent contractor relationship exists when the following can be established according to these factors: 1.

Georesearch, Inc. v. Morriss

193 F. Supp. 163 · District Court, W.D. Louisiana · Mar 30, 1961

follow the substantive law of Louisiana in determining whether defendants have made a binding agreement. 4 It is true, of course, that the salaries paid to defendants were in return for their services and therefore cannot qualify … These principles are more clearly set forth in the case of Conques v.

McQuagge v. United States

197 F. Supp. 460 · District Court, W.D. Louisiana · Sep 13, 1961

From the foregoing testimony of government witnesses, it was clearly established that the military Contracting Officer and the Chief Engineer and the concrete inspector were fully aware all along that the tests and inspections … The contract clearly states that the Contracting Officer may inspect samples of concrete or any other supplies and it is within that officer’s discretion to reject any faulty or inferior goods.

Avoyelles Sportsmen's League v. Alexander

473 F. Supp. 525 · District Court, W.D. Louisiana · Jun 9, 1979

The process had a levelling effect which also qualified the material moved as fill material. … The word “normal” connotes an established and continuing activity.

Montero

District Court, W.D. Louisiana · Aug 4, 2026

1225(b)(2)(A) (emphasis added), “Subject to subparagraphs (B) and (C), in the case of an alien who is an applicant for admission, if the examining immigration officer determines that an alien seeking admission is not clearly … That said, Petitioner always knew that she was in the United States without permission, which qualifies her liberty interest to a degree.4 4 See generally Henderson v.

Andrews

District Court, W.D. Louisiana · Nov 24, 2025

Therefore, Andrews has established a prima facie showing of interference. iii. … The Court finds that the School Board has clearly articulated legitimate, non- discriminatory reasons for Andrews’s termination.

Simmons v. Bennett

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

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. … 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

Green v. Kijakazi

District Court, W.D. Louisiana · Mar 6, 2024

To establish a prima facie case for disability discrimination under the RA, Green must identify competent summary judgment evidence showing that he: (1) has a disability; (2) was qualified for the job; and (3) was subjected … The EEOC complaint filed in 2019 is clearly beyond the four-month threshold for causation, although the Court was not provided a specific date.

Mullins v. De Soto Securities Co.

56 F. Supp. 907 · District Court, W.D. Louisiana · Aug 11, 1944

That Federal Deposit Insurance Corporation is the duly qualified and confirmed receiver of De Soto Bank and Trust Company, of Mansfield, Louisiana, acting under the provisions of Act No. 300 of 1910 and Act No. 180 of 1934 … The reason for such statutory provisions is clearly expressed by the Missouri Court of Appeals in Bowersock Mills & Power Co. v.

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

District Court, W.D. Louisiana · Nov 20, 2020

DAUBERT STANDARD Federal Rule of Evidence 702 states that “a witness who is qualified as an expert by knowledge, skill, experience, training or education may testify … Merrell Dow Pharmaceuticals, Inc., in which the Supreme Court established the role of trial courts as gatekeepers for expert testimony, permitting such testimony only if it is both reliable and relevant.

James

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

“A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist.” Jd. … The undersigned has concluded that James has failed to establish plausible claims against Cleco of any kind; therefore, it follows that she cannot establish that their alleged conduct in holding land long ago transferred

Freeman v. Trina Williams

District Court, W.D. Louisiana · Sep 5, 2023

“Isolated acts” generally cannot establish the existence of a custom or practice. Burge, 336 F.3d at 370. … Defendants argues that this does not establish deliberate indifference.

Magee v. B P X Properties (N A) L P

District Court, W.D. Louisiana · Nov 12, 2019

Triola, 172 F.3d 866 (5th Cir. 1999) (“It is a well established rule of trial procedure that a district court may reconsider and reverse a previous interlocutory order at its discretion.”) … This demonstrates Plaintiffs clearly had the opportunity to add the claim disputing the correct royalty payment calculation but chose not to.

Hardison v. Skinner

District Court, W.D. Louisiana · Sep 25, 2020

otherwise ineligible families, such as falsifying qualified work activities, using dates for ineligible moves and forging parent/guardian signatures” [Doc. 41-1 ¶¶ 7-8]. … The Fifth Circuit has held that an official title alone is sufficient to indicate a basis of personal knowledge when that title clearly identifies the official’s sphere of responsibility and the facts stated

Preston v. Bass

District Court, W.D. Louisiana · May 15, 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 … Here, "staff" does not qualify as a juridical person. See Henderson v. Mid States Servs., Inc., 67 F.