Case law

Chicago Property Interests, L.L.C. v. Broussard

2015 La.App. 4 Cir. 0299 · Louisiana Court of Appeal · Oct 21, 2015

The trial court erred in not having the jury first determine whether “emergency preparedness” immunity existed before it considered the “willful” misconduct exception to that immunity; 3. … They allege that they were precluded from establishing “whether sufficient federal funding was implicated for the C.F.R. to be applicable.”

Brumlow v. Shreveport

District Court, W.D. Louisiana · Sep 25, 2025

Brumlow argues his claim for malicious prosecution is sufficient because the right was established in 2023, and Deputy Ukpabi is not entitled to qualified immunity for this claim. See id. at 22. … 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

Johnson v. Pruett

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

clearly established statutory or constitutional rights of which a reasonable person would have known.” … To overcome a claim of qualified immunity, a plaintiff must demonstrate (1) that the official violated a statutory or constitutional right; and (2) that the right was “clearly established.”

Jefferson Lake Sulphur Co. v. State

213 La. 1 · Supreme Court of Louisiana · Dec 15, 1947

This issue is clearly stated by the District Judge as follows : “Plaintiff’s contentions are: (1) That the Bill is not a law within' the meaning of the Constitution, hence the provisions of paragraph 1 of Section 15 of Article … We can think of no language which could more clearly have expressed the view that the Legislature alone, regardless of any action by the Governor, may grant such waiver of immunity.

State v. Franklin

461 So. 2d 640 · Louisiana Court of Appeal · Dec 28, 1984

The jurisprudence clearly establishes that the state must prove the qualifications of the officer who administers a chemical test to determine intoxication, and this element of the case is of constitutional proportions. … that he was qualified to do so.

Williams v. Sanders

District Court, M.D. Louisiana · Mar 18, 2024

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 under existing law, and … (2) if so, that the defendant's conduct was objectively unreasonable in light of clearly established law at the time of that conduct.39 Therefore, to survive a motion to dismiss based on qualified immunity, the plaintiff

Broome v. Simon

255 F. Supp. 434 · District Court, W.D. Louisiana · Mar 18, 1966

There would be very few cases upon which a judge would be qualified to sit if this were ground for recusation. … They are generally held to be admissible in evidence in order to establish a connection between a defendant and some other person, when properly identified.

Aucoin v. Pelham Marine, Inc.

593 F. Supp. 770 · District Court, W.D. Louisiana · Aug 20, 1984

Chevron’s counsel, by letter dated August 16, 1984, states: “Of course, Chevron fully agrees that the recent decision (June 26, 1984) ..., clearly holds Chevron immune from tort liability to plaintiff. … Washington Metropolitan establishes that tort immunity under LSHWCA is imposed as a penalty for failure to honor one’s obligations under the Act, not as a reward for honoring one’s obligations.

Allen v. Red Frog Events, LLC

335 F. Supp. 3d 831 · District Court, M.D. Louisiana · Sep 13, 2018

based on, inter alia , deposition testimony use of the property for the meet and explaining that "[o]nce a defendant establishes that it is entitled to immunity under § 9:2795, the burden of establishing a malicious or willful … Sports Association based on the immunity statute); Simoneaux v.

LeBlanc v. City of Abbeville

259 So. 3d 372 · Louisiana Court of Appeal · Oct 17, 2018

the finding is clearly wrong. … The evidence in the record clearly establishes that the subject storm grate has been in use for many years, as no storm grates made of the same material as the one at issue were installed in either Mr. Sysak's or Mr.

Shortess v. Touro Infirmary

520 So. 2d 389 · Supreme Court of Louisiana · Feb 29, 1988

The trial court granted Touro a directed verdict on the ground that it did not prepare the tainted blood and no negligence had been established. … to the Blood Center; questionaires were then sent to the donors; none reported any illness and three of them subsequently donated blood. [5] Louisiana, together with virtually every jurisdiction in the United States, now immunizes

Adams v. Walker

District Court, E.D. Louisiana · Dec 9, 2021

“The doctrine of qualified immunity protects government officials 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.”10 “When a defendant asserts qualified immunity, the plaintiff has the burden of proving it is inapplicable.”11 Courts use a two-prong test to determine the applicability of qualified immunity to

Heirs of Fruge v. Blood Services

365 F. Supp. 1344 · District Court, W.D. Louisiana · Oct 25, 1973

CHARITABLE IMMUNITY The evidence presented in support of the Motion for Summary Judgment clearly discloses the charitable nature of Blood Services. … Fidelity & Casualty Insurance Co., (1971), 259 La. 599 , 250 So.2d 754 , establishes such doctrine in Louisiana.

Sanders v. C E O C L L C

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

The doctrine of qualified immunity insulates government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Qualified immunity is an immunity from suit rather than a mere defense to liability and is effectively lost if a case is permitted to go to trial, thus qualified immunity questions should be resolved through summary judgment

Butler v. Miller

District Court, E.D. Louisiana · Mar 31, 2025

As such, the Court finds that Plaintiff cannot defeat Officer Hutchinson’s qualified immunity defense because Plaintiff cannot show that his arrest violated a clearly established constitutional right.109 ( … As such, the Court finds that Plaintiff cannot defeat Officer Gautier’s assertion of qualified immunity because Plaintiff cannot show that his arrest violated a clearly established constitutional right.

Hebert v. ALLIED SIGNAL INC.

577 So. 2d 1117 · Louisiana Court of Appeal · Mar 28, 1991

Plaintiffs contend that although Mercer may be immune from liability as Hebert's employer or co-employee under La.R.S. 23:1032, he may be liable under the dual capacity doctrine. … A reading of the insurance policy clearly shows that Crum & Forster is not the insurer nor did it issue the business auto policy. The policy was issued by U.S. Fire.

Opinion Number

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.

Douglas v. Children's Hospital

2010 La.App. 4 Cir. 0213 · Louisiana Court of Appeal · Aug 19, 2010

Hill, a clearly unjust and illogical result. … The appellate court may reverse a judgment based on a jury verdict only if (1) the record reflects no reasonable factual basis for the jury’s finding, and (2) the record establishes that the finding is clearly wrong.

Robinson v. Cloud

District Court, W.D. Louisiana · Apr 18, 2024

A two-fold inquiry is utilized to determine whether qualified immunity is applicable: (1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and (2) if so, … 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.

Strong v. Breaux

612 So. 2d 111 · Louisiana Court of Appeal · Sep 17, 1992

as such, that the notice of candidacy form does not clearly state the payment of qualifying *112 fees, and that the notice of candidacy does not clearly show that it was filed before the Louisiana Secretary of State or his … The basis of the exception is that plaintiff alleged no facts, which if assumed true, would establish defendant failed to qualify for the primary election in the manner prescribed by law or failed to meet the qualifications