Case law

Mejia v. Lafayette Consolidated Government

District Court, W.D. Louisiana · Mar 20, 2025

To overcome qualified immunity, a plaintiff must establish: (1) the official violated a statutory or constitutional right; and (2) the right violated was “clearly established” such that a reasonable person … established for purposes of qualified immunity.!

Alfred

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

Lee, 946 F.2d 1152, 1159 (5th Cir. 1991) (federal common law recognizes a qualified privilege protecting investigative files in an ongoing criminal investigation). … Federal courts “overwhelmingly treat this privilege as a qualified one, which is subject to a balancing process that may lead to court-ordered disclosure of privileged materials, and which may be subject to waiver by the

Linn v. Louisiana Workforce Commission

District Court, W.D. Louisiana · Jan 10, 2024

Title I of the ADA prohibits states from “discriminat[ing] against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee … Ctr., 307 F.3d 318, 326 n.1 (5th Cir. 2002) (finding that the Fifth Circuit has “long recognized that Congress has clearly abrogated the states’ Eleventh Amendment immunity in enacting Title VII”).

Jones v. American Alternative Insurance Corp

District Court, W.D. Louisiana · Mar 31, 2022

Nonetheless, the docttine of qualified immunity shields government officials from liability for claims against them in their individual capacities “insofar as their conduct does not violate clearly established statutory … Dyer, 964 F.3d at 383-85 (citing pre-2020 cases for clearly established law). Thus, Plaintiffs have successfully overcome the Police Officer Defendants’ qualified immunity defense at the motion to dismiss stage.

Mills v. City of Shreveport

58 F. Supp. 3d 677 · District Court, W.D. Louisiana · Sep 30, 2014

Qualified immunity shields government officials from liability in their performance of discretionary functions, unless their conduct violated a clearly established constitutional right.' See Ontiveros v. … clearly established right.

Grigsby & Assocs., Inc. v. City of Shreveport

294 F. Supp. 3d 529 · District Court, W.D. Louisiana · Feb 14, 2018

A defendant who can validly raise a qualified immunity defense will enjoy its protection so long as the allegedly violated constitutional right was not clearly established at the time of the violation. See id. … The qualified immunity inquiry turns on "the objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken". Id. at 244, 129 S.Ct. at 822.

Young v. Akal

985 F. Supp. 2d 785 · District Court, W.D. Louisiana · Dec 2, 2013

The court’s first inquiry in the examination of a defendant’s claim of qualified immunity is whether the plaintiff has “alleg[ed] the violation of a clearly established constitutional right.” King v. … Qualified immunity cloaks a police officer from liability if a reasonably competent law enforcement agent would not have known that his actions violated clearly established law. Jackson v.

Omar v. Casterline

288 F. Supp. 2d 775 · District Court, W.D. Louisiana · Sep 11, 2003

In considering the defendants’ qualified immunity claim, we must remain cognizant of the fact that the “qualified ... immunity doctrine was established to reconcile two competing interests. … that the official’s actions violated clearly established federal law.

Vincent v. City of Sulphur

28 F. Supp. 3d 651 · District Court, W.D. Louisiana · Oct 21, 2014

In order to overcome a claim of qualified immunity, a plaintiff must plead facts showing “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of … Was the Right Clearly Established?

Brown v. St. Landry Parish Sheriff's Dept

298 F. Supp. 3d 879 · District Court, W.D. Louisiana · Mar 21, 2018

, not only from suit, but from "liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." 31 Qualified immunity … The second prong of the qualified-immunity analysis asks whether the right in question was "clearly established" at the time of the violation.

Broussard v. Lafayette City-Parish Consolidated Government

45 F. Supp. 3d 553 · District Court, W.D. Louisiana · Sep 5, 2014

The defendants’ motions for sanctions and the alternative motions for summary judgment on qualified immunity are DEFERRED. REPORT AND RECOMMENDATION PATRICK J. HANNA, United States Magistrate Judge. … The Punitive Damages Claims It has been thirty-three years since the Supreme Court clearly stated: “we hold that a municipality is immune from punitive damages under 42 U.S.C. § 1983 .” City of Newport v.

Citrano v. Allen Correctional Center

891 F. Supp. 312 · District Court, W.D. Louisiana · Jun 14, 1995

Nor does it follow that the Court intended to establish a bright line rule that private parties can never be shielded by qualified immunity. … This immunity is only defeated if the official took the complained of action “with the mahcious intention to cause a deprivation of rights,” or the official violated clearly established statutory or constitutional rights

Adams v. City of Shreveport

269 F. Supp. 3d 743 · District Court, W.D. Louisiana · Aug 28, 2017

A defendant who can validly raise a qualified immunity defense will enjoy its protection so long as the allegedly violated constitutional right was not clearly established at the time of the violation. See id. … This right is a clearly established right for the purposes of a qualified immunity analysis. See id.

Smith v. Lee

District Court, W.D. Louisiana · Apr 22, 2022

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 Stewart can establish the violation of his 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 established

Pham v. University of Louisiana at Monroe

194 F. Supp. 3d 534 · District Court, W.D. Louisiana · Jul 13, 2016

On the other hand, the clearly established prong does not necessarily require a case- “directly on point.” See Morgan v. … Jackson is entitled to qualified immunity. 2.Dr. El Sayed Dr. El Sayed is also entitled to qualified immunity.

Hayes v. Terrance Howard

District Court, W.D. Louisiana · Aug 23, 2021

Qualified immunity defense is thus “an immunity from suit rather than a mere 4 Alvarez v. … 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

Vincent v. City of Sulphur

28 F. Supp. 3d 626 · District Court, W.D. Louisiana · May 15, 2014

Thus, the second prong of the qualified immunity test, whether the right was clearly established at the time, must be considered. … for the purpose of establishing qualified immunity.

Robertson v. Town of Farmerville

830 F. Supp. 2d 183 · District Court, W.D. Louisiana · Nov 17, 2011

Defendants argue that qualified immunity should be granted to these claims because the law was not clearly established and because Jackson did not knowingly violate such law. … Under qualified immunity, a state actor will be shielded from personal liability unless the right the actor violated was clearly established at the time of the violation. Harlow v.

Lartey v. U.S. Department of Justice

790 F. Supp. 130 · District Court, W.D. Louisiana · Apr 24, 1992

In the case at bar, the defendants include a judge who is protected by an absolute immunity and INS attorneys, and investigators, all of whom are protected by qualified good-faith immunity. … The plaintiff must state a claim of violation of clearly established law. Immunity does not even become an issue unless the pleadings show that the plaintiff’s federally protected rights have been violated. Martinez v.

Jones v. Board of Supervisors of the University of Louisiana System

58 F. Supp. 3d 670 · District Court, W.D. Louisiana · Sep 30, 2014

Qualified Immunity for State Officials Randall Webb and Lisa Abney are entitled to qualified immunity from suit in their individual capacities. 2 “Qualified immunity protects public officers from suit if their conduct does … To defeat a defense of qualified immunity, the plaintiff must show “the officer violated a clearly established constitutional right [and that] the official’s conduct was objectively unreasonable under established law.”