Case law

Reno v. East Baton Rouge Parish School Board

697 F. Supp. 2d 659 · District Court, M.D. Louisiana · Mar 23, 2010

Whether Defendant, Placide, Is Entitled to Qualified Immunity For a right to be clearly established such that qualified immunity is inapplicable, “the contours of the right must be sufficiently clear that a reasonable official … establishes the applicable law for purposes of qualified immunity, and that the plaintiff has met her burden of demonstrating that qualified immunity does not apply in this case.

May v. Strain

55 F. Supp. 3d 885 · District Court, E.D. Louisiana · Oct 21, 2014

bears the burden of negating qualified immunity “by establishing a genuine fact issue as to whether the [officers’] *897 allegedly wrongful conduct violated clearly established law.” 103 However, all inferences are drawn … This requirement establishes a high bar.” 107 When there is no controlling authority specifically prohibiting a defendant’s conduct, 'the law is not clearly established for the purposes of defeating qualified immunity. 108

Loughlin v. Tweed

310 F.R.D. 323 · District Court, E.D. Louisiana · Oct 1, 2015

Tweed contends that he is entitled to qualified immunity. … Tweed responds that he is entitled to qualified immunity because his conduct was not objectively unreasonable in light of clearly established law at the time.

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.!

Martin v. Department of Children and Family Services

District Court, E.D. Louisiana · Nov 13, 2020

immunity and that Plaintiffs have failed to overcome qualified immunity by establishing a violation of a clearly established constitutional right.36 Defendants claim that heightened pleading is needed in qualified immunity … immunity.”120 To overcome the claim of qualified immunity, Plaintiffs must demonstrate that Defendants violated a statutory or constitutional right and that the right was clearly established at the time of

Varnado

District Court, M.D. Louisiana · Nov 25, 2025

Qualified Immunity Public officials are entitled to qualified immunity unless the plaintiff demonstrates that (1) the defendant violated an actual constitutional or federal statutory right that is clearly established … The qualified immunity defense has two prongs: whether an official's conduct violated a constitutional right of the plaintiff; and whether the right was clearly established at the time of the violation.

Woodward Harbor LLC v. City of Mandeville

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

Sucette fails to plead facts sufficient to overcome the “clearly established” prong of Zuckerman’s qualified-immunity defense. “The ‘clearly established’ prong is difficult to satisfy.” Id. at 191 (citing Morrow v. … of clearly established law for qualified immunity analysis.”

Sanford v. Kirst

District Court, M.D. Louisiana · Jun 16, 2023

of a clearly established statutory or constitutional right. … in light of clearly established law.

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

Cambre v. Smith

District Court, E.D. Louisiana · Aug 29, 2019

’ conduct was objectively unreasonable in light of then-existing clearly established law. … Helpenstell, 626 Fed.Appx. 453, 459–60 (5th Cir. 2015) (unpublished) (construing Deville as clearly establishing that an officer should receive no qualified immunity if he ‘quickly escalate[s]’ an encounter with a non-threatening

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”).

Von Derhaar v. Stalbert

District Court, E.D. Louisiana · Nov 8, 2022

“[T]o overcome qualified immunity, the plaintiff's version of those disputed facts must also constitute a violation of clearly established law.” Id. … The second step of the qualified immunity inquiry demands plaintiff demonstrate there was a clearly established right at the time of the challenged action.

Bellow v. Board of Supervisors of Louisiana State University

913 F. Supp. 2d 279 · District Court, E.D. Louisiana · Dec 21, 2012

The qualified immunity determination is a two-step inquiry. First, the court must decide whether a plaintiffs allegations, if true, establish a violation of a clearly established right. Id. … Consequently, in addressing the parties’ qualified immunity arguments with regard to the FMLA, the first question that this Court must answer is: Do Plaintiffs allegations establish a violation of a clearly established right

Marks v. Smith

241 F. Supp. 3d 726 · District Court, E.D. Louisiana · Mar 10, 2017

In their motion for summary judgment, these defendants argue Plaintiffs claims against them in their individual capacities should be dismissed, because they are protected by qualified immunity. 27 “Qualified immunity protects … public officials from suit unless their conduct violates a clearly established constitutional right.” 28 As explained by the United States Supreme Court, “qualified immuni *732 ty seeks to ensure that defendants reasonably

Tesla Inc. v. Louisiana Automobile Dealers Association

District Court, E.D. Louisiana · Mar 7, 2025

The Impact of Asserting Qualified Immunity on Discovery When dismissal is sought on the grounds of qualified immunity, however, a stay of discovery is virtually routine because a defendant pleading qualified … immunity operates to stay discovery only as to the defendants asserting qualified immunity, not to co-defendants or on other claims not subject to qualified immunity.

Williams v. Vannoy

District Court, M.D. Louisiana · Dec 19, 2023

Reinert, Qualified Immunity’s Flawed Foundation, 111 CAL. L. REV. 201 (2023). Restored to its proper place, this clause “unequivocally negate[s] the original interpretive premise for qualified immunity.” See Rogers v. … Plaintiff has also carried his burden to show that the law was clearly established at the time Lt. Col. Knight and Capt.

Schmidt v. Stassi

250 F. Supp. 3d 99 · District Court, E.D. Louisiana · Apr 21, 2017

Governmental officers sued in their individual capacity are entitled to qualified immunity insofar as their conduct “did not violate clearly established statutory or constitutional rights of which a reasonable person would … Thus, the officers are entitled to qualified immunity on the filming claim because filming the exterior of a ear in a public parking lot did not violated clearly established constitutional law. V.

Nevarez v. Coleman

District Court, E.D. Louisiana · Jan 24, 2023

The qualified-immunity defense to such claims shields government officials who perform discretionary functions from suit and liability under section 1983, “unless their conduct violates clearly established statutory … Thus, an “officer will be entitled to qualified immunity if no constitutional violation occurred or if the conduct ‘did not violate law clearly established at the time.’” Davis v.

Manchester v. State of Louisiana

District Court, M.D. Louisiana · Nov 13, 2024

Again, qualification examinations are generally conducted at the pretext stage of a Title VII failure-to-promote analysis, and even if Plaintiff were “clearly better qualified,” Toval, 614 F. … dofes] not establish that [an applicant] is clearly better qualified” (quoting Price v. Fed. Express Corp., 283 F.3d 715, 723 (5th Cir. 2002)); see also Deines v. Tex.

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.