Case law

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.

Thomas v. Wright

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

because Plaintiffs fail to allege facts showing a violation of any constitutional right or a violation of “clearly established” law.38 As previously noted, Defendants asserted qualified immunity in … violation at the first step of the qualified immunity analysis.

Palowsky v. Benson

District Court, W.D. Louisiana · Feb 18, 2025

conduct does not violate clearly established statutory or constitutional law of which a reasonable person would have known.”75 “When a defendant invokes qualified immunity, the burden is on the plaintiff to demonstrate … a defendant committed a constitutional violation and her actions were objectively unreasonable in light of a clearly established civil right.78 “To be ‘clearly established’ for purposes of qualified immunity, ‘[t]he contours

Ramsey v. Bossier City

District Court, W.D. Louisiana · Nov 3, 2022

The burden on this second prong of the qualified immunity analysis is “heavy: A right is clearly established only if relevant precedent ‘ha[s] placed the…constitutional question beyond debate.’” Morrow v. … of qualified immunity.

Thomas v. Wright

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

overcome qualified immunity must plead specific facts that both allow the court to draw the reasonable inference that the defendant is liable for the harm he has alleged and that defeat a qualified immunity defense … immunity.”70 That Rule 7(a) Reply was the opportunity for Plaintiffs to sufficiently plead facts to overcome qualified immunity.

Hermes v. Greenwood Police Dept

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

and that defeat a qualified immunity defense with equal specificity.” … Hilton, 568 F.3d 181, 204 (5th Cir. 2009).3 The Fifth Circuit has held that where qualified immunity is asserted as a defense to a false arrest, the plaintiff must show that it was “‘clearly

Havlik v. Myers

District Court, W.D. Louisiana · Jan 8, 2025

then clearly established law. … Even if the government officials’ conduct violated a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable. Hernandez Ex. Rel.

Hayden

District Court, W.D. Louisiana · Nov 17, 2025

plea of qualified immunity cannot be sustained. … established constitutional right.

Felton v. Hill

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

established statutory or constitutional rights of which a reasonable person would have known.”19 This is more commonly known as the doctrine of “qualified immunity.”20 Accordingly, “officers are entitled … unlawfulness of their conduct was “clearly established at the time.”21 The two steps of the qualified immunity inquiry may be performed in any order.22 When a defendant invokes qualified immunity, the

Solomon

District Court, W.D. Louisiana · Dec 5, 2025

Once qualified immunity is asserted, “the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established … is entitled to qualified immunity.”).

Walls v. Caddo Parish

District Court, W.D. Louisiana · Mar 31, 2023

The doctrine of qualified immunity shields government officials from liability for claims against them in their individual capacity “insofar as their conduct does not violate clearly established statutory or constitutional … If the Plaintiffs can establish the violation of Walls’s constitutional right to be free of excessive force, the Court will then analyze the second element of qualified immunity, which is whether the right was clearly

Tabor v. Goodwin

District Court, W.D. Louisiana · Jan 13, 2020

Malcolm argues that he is entitled to qualified immunity because Plaintiff has failed to allege any specific acts by Malcolm that violated Plaintiff's clearly established constitutional rights. … When a government official such as Malcolm asserts qualified immunity as a defense, the plaintiff is then responsible for rebutting that defense by establishing that the official’s alleged conduct violated clearly established

Woodard v. Carol

District Court, W.D. Louisiana · Sep 26, 2022

Qualified Immunity The doctrine of qualified immunity protects officers “from liability for civil damages insofar as their conduct does not violate clearly established … But even if he could, defendant Hall would still be entitled to qualified immunity because plaintiff cannot show a violation of clearly established law.

Willis v. Ballance

District Court, W.D. Louisiana · Sep 30, 2025

and that defeat a qualified immunity defense with equal specificity.” … The United States Court of Appeals for the Fifth Circuit has held that where qualified immunity is asserted as a defense to a false arrest, the plaintiff must show that it was “‘clearly established that the circumstances

Tunica-Biloxi Indians of Louisiana v. Pecot

248 F. Supp. 2d 576 · District Court, W.D. Louisiana · Jan 30, 2003

The Supreme Court clearly established that § 1331 provides district courts with the ability to determine a tribal court’s jurisdiction over non-Indian parties. See id. at 853, 105 S.Ct. at 2452 . … These cases clearly establish the Supreme Court’s preference to tribal court exhaustion even when the district court has proper jurisdiction over the action.

Abraugh v. Altimus

District Court, W.D. Louisiana · Oct 23, 2023

As such, the Court finds a Rule 7(a) response to the defense of qualified immunity is justified. … The Plaintiff’s Rule 7(a) reply should contain “allegations of fact focusing on the conduct of [each] individual who caused the [plaintiff’s] injury,” which, if proven, would establish the Defendants violated a clearly

Johnson v. Odom

901 F. Supp. 220 · District Court, W.D. Louisiana · Aug 31, 1995

Although the defendants assert qualified immunity as a defense to this claim, the Fifth Circuit has twice held that the defendants are not entitled to summary judgment on qualified immunity grounds. … Champaign Nat’l Bank, 15 F.3d 729 (7th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 62 , 130 L.Ed.2d 20 (1994), qualify as state court proceedings that may not be reviewed by a federal court, the first requirement is clearly

Hutchinson v. Belt

957 F. Supp. 97 · District Court, W.D. Louisiana · Dec 20, 1996

Defendants move for summary judgment on three separate grounds: (1) Hutchinson lacks standing; (2) the PoEcy is constitutional; and (3) defendants are entitled to qualified immunity from suit. The motion is unopposed. … As Hutchinson lacks standing, we do not need to address the merits of his suit or of the qualified immunity claimed by defendants.

Hicks v. Dowies

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

unreasonable in light of clearly established law at the time of his misconduct. … the qualified immunity analysis.

Walker

District Court, W.D. Louisiana · May 6, 2026

Taylor, 465 F.3d 174, 179 (5th Cir. 2006) (applying qualified immunity to an FMLA claim). First, the district court determines whether the plaintiff’s allegations establish a violation of a clearly established right. … If an official’s conduct was objectively reasonable, even if he had violated a clearly established right, he is entitled to qualified immunity. Id.