Case law

Walker v. Whittington

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

“Qualified immunity shields an officer from liability if his ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Benavides v. … “To overcome qualified immunity, the plaintiff must show ‘(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.’” Id.

Betts v. Brennan

District Court, E.D. Louisiana · Jan 22, 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 … Brennan is not entitled to qualified immunity.

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 .

Cobb v. Louisiana Board of Institutions

237 La. 315 · Supreme Court of Louisiana · Apr 27, 1959

If so, for the reasons stated in the majority opinion, such a statute would be clearly unconstitutional as an appropriation act. … Thus the bill lost its identity as a mere waiver of immunity from suit and became a legislative statute embracing one object with a title indicative of its object and clearly intended to have the force and effect of law.

Dai v. Le

District Court, W.D. Louisiana · Jul 20, 2023

In response, Plaintiff argues that Defendants knowingly violated her clearly established constitutional rights under the First and Fourteenth Amendment, barring them from asserting qualified immunity. … Since Plaintiff failed to establish a violation of her constitutional rights, Defendants are entitled to qualified immunity, and her retaliation claim should dismissed. b.

Ogden v. Gray

2012 La.App. 4 Cir. 1314 · Louisiana Court of Appeal · Sep 11, 2012

The manner of qualifying for election to public office in Louisiana is set forth in La. … R.S. 18:1401 A, which provides that “[a] qualified elector may bring an action objecting to the candidacy of a person who qualified as a candidate in a primary election for an office in which the plaintiff is qualified to

Skinner v. Gautreaux

District Court, M.D. Louisiana · Jul 20, 2021

, to survive a motion to dismiss based on qualified immunity, the plaintiff must allege sufficient facts, which, taken as true, show that the defendant violated his constitutional rights which were clearly established … immunity defense.75 Therefore, based solely on Plaintiff’s failure to adequately allege and support a clearly established right in order to defeat qualified immunity, and without regard to the substantive viability of

State v. Delcambre

97 La.App. 3 Cir. 1447 · Louisiana Court of Appeal · Apr 29, 1998

immunity.” … Moreover, there was no necessity in those cases for inspection by the defendant of the grand jury transcript, inasmuch as his own testimony at the hearing on the motion established the constitutional violation, and there

Rogers v. Smith

District Court, E.D. Louisiana · May 13, 2022

clearly established law.”11 In resolving questions of qualified immunity at summary judgment, courts engage in a two-pronged inquiry. … that they are entitled to qualified immunity from Plaintiff’s claims because there was no clearly established constitutional right of which they should have known prior to Plaintiff’s arrest for criminal

Haley v. DeSoto Parish School Board

District Court, W.D. Louisiana · Jan 26, 2021

A defendant is entitled to qualified immunity if his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Because the Court does not believe there exists sufficient guidance to confirm whether the right is clearly established in a scenario such as the instant one, Brewer is entitled to qualified immunity.

Abate v. Healthcare Intern., Inc.

560 So. 2d 812 · Supreme Court of Louisiana · Apr 30, 1990

To be qualified under the provisions of this Part [Part XXIII. … : * * * * * * (7) Creating corporations or amending, renewing, extending, or explaining the charters thereof; granting to any private corporation, association, or individual any special or exclusive right, privilege, or immunity

Delatte v. Genovese

273 F. Supp. 654 · District Court, E.D. Louisiana · Sep 25, 1967

But these cases are clearly distinguishable from the present situation in which Dr. Genovese signed as coroner under a state statute which requires the coroner to act. Thus, in Byrne v. … On the other hand, it has been asserted that the coroner does not act judicially, or acts only ministerially, in holding an inquest, which is a mere finding and does not establish rights, and therefore his authority lacks

Marlowe v. LeBlanc

District Court, M.D. Louisiana · Apr 14, 2023

Qualified immunity shields a government official from individual liability for civil damages when the “official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Plaintiff’s personal-capacity claim against Secretary LeBlanc must be dismissed at the first prong of the Fifth Circuit’s qualified immunity analysis—for failure to allege that Secretary LeBlanc violated a clearly established

Hebert v. Richard

166 So. 3d 1265 · Louisiana Court of Appeal · Jun 17, 2015

Thus, Industrial must have produced factual support sufficient to establish that it would be able to meet its burden of proof at trial on this issue. … from tort ... both the lending and borrowing employers are immune from suit in tort.”

Whotte v. International Paper Co.

15 La.App. 3 Cir. 362 · Louisiana Court of Appeal · Oct 21, 2015

tort immunity as a statutory employer has none of the required hallmarks justifying immunity. … The Louisiana Act expressly extends the employer’s compensation obligation and its corresponding tort immunity to “principals.”

Southland Corp. v. COLLECTOR OF REVENUE FOR STATE

321 So. 2d 501 · Supreme Court of Louisiana · Nov 3, 1975

Where they are founded on no real distinctions in the subject classified and are clearly fanciful, capricious, arbitrary, or unnatural, they will be invalidated. State v. … Instead, the testimony in the record, not contradicted by the State, clearly establishes that the State, in auditing Southland's operations, which were computerized, received the company's full cooperation.

Russo v. Vasquez

648 So. 2d 879 · Supreme Court of Louisiana · Jan 17, 1995

LSA-R.S. 40:1299.44(C)(5) clearly provides that the liability of a health care provider is established by payment of the full monetary extent of that liability under the statute, $100,000.00. … Because the record in this case clearly indicates that the insurer only paid $95,872.65, the trial court's conclusion is incorrect.

Adams v. Hartford Acc. & Indem. Co.

525 So. 2d 1211 · Louisiana Court of Appeal · May 17, 1988

Therefore, LSA-R.S. 9:2795 does not provide immunity from liability in the instant case. This assignment of error is without merit. … The evidence clearly establishes that the prongs of the chain link fence caused the injury sustained by plaintiff.

State v. Caldwell Sugars, Inc.

185 La. 503 · Supreme Court of Louisiana · Jun 30, 1936

Couvillon, 164 La. 155 , 113 So. 801 , this court said: “An exemption from taxation is an exceptional privilege which must be clearly, unequivocally, and affirmatively established; provisions for such exemption being strictly … entitled to the' immunity, and that in such cases doubt is fatal.

Daily v. Patterson

District Court, W.D. Louisiana · Nov 14, 2024

The next question, then, is whether the rights were clearly established. … Accordingly, defendants fail both steps of the qualified immunity analysis. Finally, defendants seek dismissal of the state law claims for failure to establish negligence.