Case law

Autin v. Louisiana Department of Public Safety and Corrections

District Court, E.D. Louisiana · Nov 17, 2021

Thus, even if the evidence supports a conclusion that plaintiff’s rights were violated, qualified immunity may still be invoked unless “the government official violated clearly established … Plaintiff asserts that the defendants are prohibited from using a qualified immunity defense because the “right to be free from excessive/unnecessary force [is] clearly established.” Rec.

Dobyns v. Univ. of La. Sys.

275 So. 3d 911 · Louisiana Court of Appeal · Apr 12, 2019

Dobyns alleged that she suffered from severe allergies due to the many environmental allergens in south Louisiana, which resulted in a compromised immune system. Dr. … A court of appeal must not set aside the trier of fact's findings unless (1) a reasonable factual basis does not exist in the record for the finding and (2) the record establishes that the finding is clearly wrong or manifestly

State v. Edmondson

699 So. 2d 882 · Louisiana Court of Appeal · Jul 28, 1997

Part of the hearing was conducted out of the prosecutor's presence, in order for defense counsel to attempt to establish the need for payment of costs and expert witness fees, particularly a certain type of medical expert … The record clearly establishes that relator was advised of her rights many times after her arrest. Additionally, she spoke with her attorney by telephone about giving her statement just before her disclosure.

Floyd v. Dillmann

District Court, E.D. Louisiana · Apr 10, 2023

The second prong of the qualified-immunity analysis asks whether the right in question was clearly established at the time of the violation.17 A qualified immunity … Whether the Rights in Question Were Clearly Established The second prong of the qualified immunity analysis is whether the rights in question were clearly established at the time of the violation.47 It is

Kerr v. Smith Petroleum Co.

909 F. Supp. 421 · District Court, E.D. Louisiana · Dec 7, 1995

The Fifth Circuit found that “[a] non-operating'owner may indeed be a principal [under Louisiana law] and therefore a statutory employer immune from tort liability.” Id. … The Court refuses because “[i]t has long been established that a legally indistinguishable decision of this court must be followed by other panels of this court and district courts unless overruled en banc or by the United

Rabeaux v. Aetna Casualty & Surety Co.

577 So. 2d 1214 · Louisiana Court of Appeal · Apr 17, 1991

No mention of joint venture appears in R.S. 23:1032 however, partners, partnerships and their employees are granted immunity under this provision. … Ra-beaux and Rosier did not contradict the allegations of fact set forth in these affidavits which clearly establish a joint venture agreement between Port City and Lott.

Jeansonne v. City of Marksville

15 La.App. 3 Cir. 298 · Louisiana Court of Appeal · Nov 25, 2015

While Defendants-did not specifically assert absolute immunity as a basis upon which to grant their exception, absolute immunity that is apparent, on the face of a petition may properly form the basis of sustaining an exception … that the finding is clearly wrong (manifestly erroneous).

Stelly v. Department of Public Safety and Corrections Louisiana State, Office of State Police

District Court, E.D. Louisiana · Sep 1, 2023

“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 … Courts have held that an employee has a clearly established right to be free from racial discrimination in employment and that racial discrimination in the workplace is not objectively reasonable under clearly established

Cavalier v. Cain's Hydrostatic Testing, Inc.

657 So. 2d 975 · Supreme Court of Louisiana · Jun 30, 1995

The term "[i]f appropriate," used in both Article 1812C(2) and 1812C(3), clearly means if there is evidence from which reasonable minds could conclude "another person" or the plaintiff was at fault. … This provision and Article 2324 as a whole should be strictly construed against the derogation of the established rights of tort victims against tortfeasors. Touchard v.

Johnson v. Foti

2002 La.App. 4 Cir. 1995 · Louisiana Court of Appeal · Apr 9, 2003

Sampey clearly did not receive any instructions from Dr. Alper other than to transport Mr. Jones to the hospital and to give him oxygen. … White testified that CPR denotes the establishment of an airway, chest compressions, and replacement of oxygen.

Robinson v. Dunn

683 So. 2d 894 · Louisiana Court of Appeal · Nov 8, 1996

Where there are two permissible views of the evidence, the fact finder's choice between them cannot be manifestly erroneous or clearly wrong. Stobart v. … To qualify as a battery, the contact must be the result of an intent to bring about a result which will invade the interests of another in a way that the law forbids. Caudle v. Betts, 512 So.2d at 391 .

Strickland

District Court, E.D. Louisiana · Feb 10, 2026

A government official performing professional functions is entitled to qualified immunity unless the conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known … beat an unresisting arrestee were entitled to qualified immunity because the plaintiffs were unable to carry their “burden to demonstrate that the law was ‘clearly established’—that ... any reasonable officer would have

Brandy Lynn Fecke, Stephen C. Fecke, and Karen Fecke v. the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College

217 So. 3d 237 · Supreme Court of Louisiana · Sep 23, 2016

Concurrently, the Legislature established the FMCF (La. Rev. … After the FCMF was established, the Legislature amended La. Rev.

State v. Causey

43 La. Ann. 897 · Supreme Court of Louisiana · Jul 15, 1891

is that two of the members of this court should be qualified to give vitality to a judgment rendered by the remaining qualified three. … There exists no established or fixed rule defining what shall be ■considered proof that a fair and impartial trial can not be had.

Opinion

Louisiana Attorney General Reports · Jul 18, 2011

It is well-established that exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively established by the taxpayer. 2 *Page 2 Louisiana's … If those four requirements are met, then the nonprofit corporation must also clearly, unequivocally, and affirmatively establish that the property was not owned, operated, leased, or used for a commercial purpose unrelated

Savage

District Court, M.D. Louisiana · Mar 2, 2026

Qualified Immunity The United States Court of Appeals for the Fifth Circuit determined that all remaining defendants were entitled to qualified immunity in connection with the plaintiff’s claims … Since the Court of Appeals determined that, at the time of the alleged removal of funds, there was no clearly established law that the plaintiff had a property interest in the proceeds from the sale of belts he made as

Ruiz v. Clancy

182 La. 935 · Supreme Court of Louisiana · Jul 1, 1935

Stated from the viewpoirit of the parent, it is a privilege, but only a qualified one. * * * It does not apply to an emancipated child, or to a case where liability in fact has been transferred to a third party.” … That decision, however, had nothing to do with the rule of incapacity of the wife to sue the *947 husband, or immunity of the husband against a suit by the wife, or immunity of the parent against a suit by a minor child.

Winford Co. v. Webster Gravel & Asphalt

571 So. 2d 802 · Louisiana Court of Appeal · Dec 5, 1990

The testimony of Winford's and Haddox's presidents clearly did not stand alone. The court heard other Winford employees, in addition to the president of Webster, and a highly qualified civil engineer, Dillon. … NOTES [1] Appellants' other previously mentioned assignment, that the contractors failed to establish that the risk of loss or defects had been contractually assumed by Ark-La-Tex, is of little consequence.

Willie Clark, Et Ux. v. Jennings Police Department

Louisiana Court of Appeal · Mar 5, 2014

To assess qualified immunity, courts utilize a two-part analysis. First, courts must “determine whether the plaintiff has „allege[d] the violation of a clearly established constitutional right.‟” Rankin v. … If a court finds that the officer‟s alleged conduct violated no constitutional right, the officer is entitled to qualified immunity and the court need not inquire further. Chavez v.

Anderson v. Tenneco Oil Co.

826 So. 2d 1143 · Louisiana Court of Appeal · Jun 19, 2002

STATE IMMUNITY The second issue we will discuss is whether La. R.S. 9:2791 and La. R.S. 9:2795 provide immunity to the State of Louisiana from liability to the fisherman. … The evidence established that as a result of this accident Mr.