Case law

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Louisiana Attorney General Reports · Sep 13, 2002

The defendant pleading qualified immunity is entitled to dismissal before the beginning of discovery if the plaintiff's allegations do not state a claim of violation of clearly established law. Harlow v. … Further, the defendants have clearly carried their burden of pleading qualified immunity.

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Louisiana Attorney General Reports · Nov 17, 2003

The defendant pleading qualified immunity is entitled to dismissal before the beginning of discovery if the plaintiff's allegations do not state a claim of violation of clearly established law. Harlow v. … Further, the defendants have clearly carried their burden of pleading qualified immunity.

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Louisiana Attorney General Reports · Jan 31, 2000

E.D. 1998), proves helpful, as the court stated: Two kinds of immunity exists for government officials absolute immunity and qualified immunity. … Qualified immunity protects an official from liability unless the official violates "clearly established statutory or constitutional rights of which a reasonable person would have known."

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Louisiana Attorney General Reports · Sep 18, 2001

Second is qualified immunity, which protects an official from liability unless the official clearly violates an established statutory or constitutional right. The court in Lucas v. Parish of Jefferson , 999 F. … Under this rationale, a person, such as a prosecutor, could have absolute immunity for some of his conduct but only qualified immunity for other of his job-related activities.

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Louisiana Attorney General Reports · Jul 24, 2008

"Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery." Id. (citing Harlow v. … Even limited discovery on the issue of qualified immunity "must not proceed until the district court first finds that the plaintiff's pleadings assert facts which, if true, would overcome the defense of qualified immunity

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Louisiana Attorney General Reports · Jul 23, 2010

"Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery." Id. (citing Harlow v. … Even limited discovery on the issue of qualified immunity "must not proceed until the district court first finds that the plaintiffs pleadings assert facts which, if true, would overcome the defense of qualified immunity.

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Louisiana Attorney General Reports · Nov 26, 2007

If the policies of a health care provider preclude compliance with the declaration of a qualified patient under this Part or preclude compliance with the provisions pertaining to a representative acting on behalf of a qualified … they witnessed the patient's declaration and clearly state what that declaration was.

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Louisiana Attorney General Reports · May 1, 2003

In order to qualify for this immunity from civil liability, a heavy burden is placed on FETI to ensure that the state's firemen have been trained according to the national standards mentioned above. Since LA. … In order to qualify for the liability immunity of its own fire fighters, they must employ training services from FETI, or services that are approved by FETI. We hope this answers you inquiry.

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Louisiana Attorney General Reports · Mar 28, 2001

R.S. 42:874(B)(8) clearly authorizes the Board to administer a qualified Cafeteria Plan. … It does not specify or define which plans or programs qualify.

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Louisiana Attorney General Reports · Aug 28, 2000

R.S. 42:1299.87 (B) clearly states that "before releasing confidential information the Secretary shall obtain an agreement in writing [that] shall indemnify the State of Louisiana." … States may enter into contractual endeavors without waiving sovereign immunity.

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Louisiana Attorney General Reports · Sep 27, 1996

The legislature finds that the practice of nursing by qualified individuals is necessary to protect the public health, safety, and welfare of the citizens of this state . B. … Section 931 provides, in pertinent part, with respect to civil immunity as follows: " A.

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Louisiana Attorney General Reports · Jan 17, 1996

may any qualified elector cast a vote in these elections? … Unless the fundamental rights or privileges and immunities of a person are involved, a strong presumption exists that the legislature in adopting legislation has acted within its constitutional authority.

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Louisiana Attorney General Reports · Oct 10, 2001

The Supreme Court further stated that "this grant of home rule authority must be interpreted broadly . . ." and "home rule powers, functions and immunities are to be construed fairly, genuinely, and reasonably, and any claimed … However, 1990 R.S. 33:103 was amended by Act 699 of as follows: Where a parish or municipality has adopted a charter for local self-government or other home rule charter and such charter provides for the establishment of

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Louisiana Attorney General Reports · Jun 30, 1997

Section 4 of the Act states that "no such regulations . . . shall become effective until after they have been approved by a majority of the qualified voters of the parish." … Article VI Section 17 provides with respect to land use and zoning by a local governmental subdivision: Subject to uniform procedures established by law, a local governmental subdivision may (1) adopt regulations for land

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Louisiana Attorney General Reports · Sep 17, 2007

But an executive order cannot legislate new law or attempt to adopt what the legislature has clearly rejected. … In this instance, the federal statute very clearly specifies that a qualified Gulf Opportunity Zone Bond is to be designated as such by the Louisiana State Bond Commission.

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Louisiana Attorney General Reports · Aug 1, 2002

Act 1203 has established the Lake Catherine Sewage and Water District as a "political subdivision" of the state, thus establishing that its board members, as officers and employees, are not "covered individuals" and would … However, federal jurisprudence does provide immunity to an officer who, in good faith, believes that his actions are within the scope of his duties.

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Louisiana Attorney General Reports · Nov 7, 2005

Investigators of the district attorneys' offices are peace officers, as follows: The investigators of the district attorneys' offices shall be peace officers with all privileges, immunities, and defenses accorded to peace … 2): (2) "Appointive office" means any office in any branch of government or other position on an agency, board, or commission or any executive office of any agency, board, commission, or department which is specifically established

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Louisiana Attorney General Reports · Mar 21, 1995

The intentional conducting or assisting in the conducting of gaming operations at the official gaming establishment as defined and authorized in Chapter 10 of Title 4 of the Louisiana Revised Statutes of 1950 shall not constitute … R.S. 33:4861.4 , there are a number of games permitted under the Charitable Raffles, Bingo and Keno Licensing Law that may legally be conducted by a licensed, qualified organization. La.

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Louisiana Attorney General Reports · Aug 25, 1998

However, federal jurisprudence does provide immunity to an officer who, in good faith, believes that his actions are within the scope of his duties. … LSA-R.S. 33:2740.35 establishes the Lakeview Crime Prevention District and designates it as a political subdivision of the state.

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Louisiana Attorney General Reports · Dec 13, 1996

, operate and support a public library in such parish or municipality and shall create, establish, equip, maintain, operate and support such a public library when not less than twenty-five percent of the duly qualified property … Home rule abilities and immunities are bestowed by the constitution in terms too full and general to warrant narrow construction of them by the courts.