Case law

Epps v. City of Baton Rouge

604 So. 2d 1336 · Louisiana Court of Appeal · Sep 4, 1992

because the disease itself destroys the immune system. … Epps' past earnings, clearly establish that Mrs. Epps' loss of wages from August 15, 1986 to February 15, 1987 amounted to $5,944.00. Thus, the trial court did not err in awarding these amounts.

Sanford v. Kirst

District Court, M.D. Louisiana · Mar 26, 2024

of Plaintiff was unlawful in light of clearly established law. … unlawfulness of the conduct was ‘clearly established at the time.’ ” Cloud v.

Perkins v. Hart

District Court, E.D. Louisiana · Jul 26, 2022

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.”60 Qualified immunity balances two important … immunity and argue that their actions when arresting Plaintiff were justified due to her resistance.105 Qualified immunity shields officers from liability unless their conduct violates a clearly established

Peterson v. BE & K INC. OF ALABAMA

652 So. 2d 617 · Louisiana Court of Appeal · Mar 3, 1995

Clearly, B & W and BE & K were engaged in a joint venture. … Prior to the 1989 amendment to LSA-R.S. 23:1061, the courts utilized a three-step analysis established in Berry v.

Courtney

District Court, M.D. Louisiana · Mar 27, 2026

“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 … Here, the Court finds that the facts alleged, accepted as true, may establish an excessive force claim that defeats qualified immunity.

Ridley v. Northwest Louisiana Technical College

District Court, W.D. Louisiana · Jun 1, 2021

Qualified Immunity and Supervisor Liability Qualified immunity protects government officials against individual liability for civil damages, “insofar as their conduct does not violate clearly established … A two-pronged analysis is used to evaluate whether a defendant is entitled to qualified immunity and asks whether the official’s conduct violated an individual’s rights and whether the rights at issue were clearly established

Hicks v. Department of Public Safety & Corrections

District Court, M.D. Louisiana · Jan 27, 2020

not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”70 “When a defendant invokes qualified immunity, the burden shifts to the plaintiff to … City of Jackson, a case decided in February 2000.83 Thus, the Jauch court denied qualified immunity to the sheriff in whose custody the plaintiff remained for 96 days.84 Having determined that “there is a clearly established

Hicks v. Department of Public Safety & Corrections

District Court, M.D. Louisiana · Mar 30, 2022

’s reversal granting qualified immunity 8 Rec. … of qualified immunity requires the Court to engage in the well-established two-step analysis developed by the Supreme Court in Saucier v.

Powell v. Town of Providence

127 La. 66 · Supreme Court of Louisiana · Jun 30, 1910

In the discharge'of that obligation, the General Assembly passed Act No. 136 of 1898," as a general law, under which municipal corporations are authorized to be established, and from which alone those which are so established … It is admitted that the town of Providence was established under that law, that the act does not confer on the towns established under its authority the particular power which the town of Providence is now seeking to exercise

Trosclair v. Becnel

14 La.App. 5 Cir. 676 · Louisiana Court of Appeal · Sep 9, 2014

Trosclair, a duly-qualified elector in the Parish of St. … To avoid an involuntary dismissal of his action, the plaintiff must establish his claim by a preponderance of the evidence. See Christiana v. S. Scrap Recycling, 13-595 (La.App. 5 Cir. 12/27/13) , 131 So.3d 1059, 1063 .

Southern Christian Leadership Conference v. Supreme Court of the State of Louisiana

61 F. Supp. 2d 499 · District Court, E.D. Louisiana · Jul 27, 1999

The command of Pennhurst seems clearly applicable to this dispute. … Maine, — U.S. -, 119 S.Ct. 2240 , — L.Ed.2d - (1999) (recognizing the States’ immunity from suit as a fundamental aspect of sovereign immunity protected by the Constitution). C.

Pinkins v. Cardinal Wholesale Supply, Inc.

619 So. 2d 52 · Supreme Court of Louisiana · May 24, 1993

We find the trial court's denial of supplemental earnings benefits clearly wrong. … Plaintiff established through his vocational rehabilitation expert, Dr. Gorman, that he is unemployable.

Stonecipher v. Caddo Parish

219 So. 3d 1187 · Louisiana Court of Appeal · Apr 7, 2017

An entity must qualify as a juridical person to have the capacity to be sued. Id. In Roberts v. … They clearly are attempting to restrain action by the Cal-casieu Parish School Board.

Arrington v. ER PHYSICIANS GROUP, APMC.

940 So. 2d 777 · Louisiana Court of Appeal · Sep 27, 2006

The original Medical Malpractice Act as interpreted by the court provided liability once the qualified health care provider had settled with plaintiffs. … [and][t]his presumption continues until the party challenging the act's constitutionality establishes that it contravenes some provision of the state or federal constitution." Everett v.

Miller v. Crowley

District Court, W.D. Louisiana · Oct 13, 2023

The defense of qualified immunity shields government officials performing discretionary functions from liability for civil damages if their conduct “does not violate clearly established statutory or constitutional rights … Once qualified immunity is asserted, “the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official's allegedly wrongful conduct violated clearly established

Dileo v. Harry

238 So. 3d 549 · Louisiana Court of Appeal · Dec 13, 2017

Louisiana Supreme Court Rule XIX, Section 12, titled "Immunity," provides, in pertinent part: A. From Civil Suits. … "An appellate court may not reverse a ruling on a motion for involuntary dismissal unless it is manifestly erroneous or clearly wrong.

Dowl v. Redi Care Home Health Ass'n

2009 La.App. 4 Cir. 1300 · Louisiana Court of Appeal · Feb 3, 2010

establishing Dr. … Additionally, we find that Dowl has failed to establish that Dr.

Blanchard v. City Parish of East Baton Rouge

95 La.App. 1 Cir. 2011 · Louisiana Court of Appeal · Apr 30, 1996

LSA-Const. art. 12, § 10 of the 1974 Constitution [4] clearly abrogated governmental immunity in Louisiana in contract and tort and provided, as follows: (A) No Immunity in Contract and Tort. … In this regard, LSA-R.S. 13:5105 is clearly a procedural law.

Opinion Number

Louisiana Attorney General Reports · Dec 1, 1994

Section 601 further permits continued State regulation over four enumerated standard transportation practices, but in an qualified manner. … While the Conference Report clearly states that Section 601 does not change the application of State tax laws to motor carriers, it is silent as to its effect on fees.

Jones v. American Alternative Insurance Corp

District Court, W.D. Louisiana · Sep 28, 2023

Qualified Immunity The doctrine of qualified immunity shields government officials from liability for claims against them in their individual capacity “insofar as their conduct does not violate clearly … of qualified immunity.