Case law

Floyd v. City of Carencro

14 La.App. 3 Cir. 268 · Louisiana Court of Appeal · Oct 1, 2014

Considering the duties imposed on the officers by virtue of “The Protection from Family Violence Act[,]” the legislature has also provided for specific qualified immunity in situations such as the one before this court for … We also agree with the trial court’s ruling that the officers were entitled to statutory qualified immunity, based on a finding of good faith.

Becker v. Dean

2003 La.App. 4 Cir. 1561 · Louisiana Court of Appeal · Sep 5, 2003

Bernard Parish for at least two immediately preceding the time established by law for qualifying for office. Id., § 2.01(e). … Clearly, Dean’s judicial confession squarely contradicts his contention that the property located at 101 Dean Drive is located in St. Bernard Parish for the purpose of qualifying for the upcoming councilman election.

Benjamin v. Zeichner

11 La.App. 3 Cir. 1524 · Louisiana Court of Appeal · Jun 27, 2012

Shamblin was licensed in both Alabama and Louisiana, and clearly qualified under La.R.S. 9:2794 D(l)(d) to provide expert testimony. Thus, Dr. … Zeichner’s potential negligence in this case, came when he was clearly qualified under the statute as an expert witness. We find therefore, that to require Dr.

Charleston v. Berry

723 So. 2d 1069 · Louisiana Court of Appeal · Dec 28, 1998

The Marshal successfully moved to dismiss that suit on a qualified-immunity defense. The Marshal then moved for summary judgment in this case, attaching in support thereof *1075 the affidavit of V. … This suit is remanded to the 21st Judicial District Court to permit plaintiff to amend her petition within thirty days to cure the defects of vagueness and nonconformity as raised by the City and to assert facts establishing

Francis v. Accardo

602 So. 2d 1066 · Louisiana Court of Appeal · Jun 29, 1992

the statutory grant of immunity in exchange for such privilege. … Since the extent or availability of immunity is not before this court, we express no opinion on that issue.

Rogers v. Louisiana Dept. of Corrections

982 So. 2d 252 · Louisiana Court of Appeal · Apr 30, 2008

They also urge that the defendants failed to make certain that the decedent was employed in a position for which he was qualified. … The plaintiffs argued that Springhill did not qualify as a statutory employer or as a special employer.

In re Aulston

829 So. 2d 1012 · Supreme Court of Louisiana · Oct 14, 2002

DISCUSSION The imposition of reciprocal discipline against respondent based upon the Illinois judgment is clearly appropriate under the facts of this case. … Philip Chor, or such other qualified mental health professional acceptable to the Administrator, and shall report to Dr.

Bridges v. Mosaic Global Holdings, Inc.

23 So. 3d 305 · Louisiana Court of Appeal · Oct 24, 2008

(“IMC”), a Delaware corporation not qualified to transact business in Louisiana. In 2004, IMC changed its name to Mosaic, a | (¡corporation also not qualified to transact business in Louisiana. … a corporation also not qualified to transact business in Louisiana.

Opinion Number

Louisiana Attorney General Reports · Feb 28, 2003

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 … appointment of a marshal as follows: The marshal who is the chief of police in such municipalities shall be elected at large, provided that, notwithstanding any other provisions of law to the contrary, a majority of the qualified

Niette v. Natchitoches Parish Police Jury

348 So. 2d 162 · Louisiana Court of Appeal · Oct 13, 1977

The four plaintiffs, three of whom are qualified electors of Ward 3, were engaged in the sale of alcoholic beverages from business establishments located in the unincorporated areas of Ward 3 when the ordinance was adopted … On January 25, 1977, the sheriff of Natchitoches Parish advised all business establishments in the unincorporated areas of Ward 3 to stop selling alcoholic beverages.

State v. James

459 So. 2d 1299 · Louisiana Court of Appeal · Nov 20, 1984

Fortenberry, supra, adopts the test established in Castaneda v. … Cox's explanation was an incorrect statement of the law but, rather, that it exceeded his qualified area of expertise. We do not feel that allowing Dr.

Bates v. Normand

District Court, W.D. Louisiana · Nov 27, 2023

Qualified Immunity “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 … Qualified immunity protects officers from liability for damages unless they violate clearly established law.

Ralph v. City of New Orleans

2008 La.App. 4 Cir. 0767 · Louisiana Court of Appeal · Jan 15, 2009

the City extends to City employees that might establish a domestic relationship. … Clearly, that is neither the intent nor the effect of the registry ordinance.

Willis v. Ochsner Clinic Foundation

13 La.App. 5 Cir. 627 · Louisiana Court of Appeal · Apr 23, 2014

R.S. 40:1299.44(D)(2)(b)(xi) establishes that the PCF’s claim for indemnity is limited in two respects. … Where the qualified health care provider or its insurer has settled a medical malpractice claim for the statutory limit of $100,000, the LMMA expressly provides that the liability of the QHCP is deemed “admitted and established

State v. Staton

433 So. 2d 222 · Louisiana Court of Appeal · May 17, 1983

Captain Barnett had been qualified as an expert in other drug trials in East Baton Rouge Parish. … He was clearly qualified to testify as an expert on specific issues related to his special knowledge and expertise within the general area of narcotics.

State v. Damico

213 La. 765 · Supreme Court of Louisiana · Apr 26, 1948

The chief of police had not qualified as an expert, nevertheless the judge permitted him to testify as such. … If a witness is permitted to express opinions without first qualifying and the judge subsequently determines that he was not qualified to express such opinions there would be no way of determining to what 'extent either a

State v. Edwards

287 So. 2d 518 · Supreme Court of Louisiana · Dec 3, 1973

Bills 6, 7, 8, 9 & 10 A brief narrative of the facts will establish the setting for these bills and delineate the context in which they should be judged. … The statements, to which the defense objects, made by these victims under these circumstances were clearly "events speaking for themselves under the immediate pressure of the occurrence, through the instinctive, impulsive

Wimberly v. Giglio

57 So. 3d 389 · Louisiana Court of Appeal · Jan 26, 2011

are manifestly erroneous or clearly wrong. … The record clearly establishes how the accident occurred, the cause of death and that Wimberly was intoxicated. Introduction of the coroner’s report would not have affected the outcome of the proceedings in any way.

Trahan v. City of Crowley

District Court, W.D. Louisiana · May 12, 2022

ANALYSIS “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … untethered to analogous or near-analogous facts are not sufficient to establish a right ‘clearly’ ina given context; rather, the inquiry must focus on whether a right is clearly established as to the specific facts of

Heindel v. Harley-Davidson Motorcycles

467 So. 2d 641 · Louisiana Court of Appeal · Apr 22, 1985

The denial of trial by jury in civil cases began with the concept of sovereign immunity which is of jurisprudential origin in Louisiana. The state is immune unless it expressly waives its immunity. … XII § 10 of the 1974 Constitution clearly abrogated governmental immunity in Louisiana in contract and tort: (A) No Immunity in Contract and Tort.