Case law

Menard v. Louisiana Department of Health & Hospitals

11 La.App. 3 Cir. 1487 · Louisiana Court of Appeal · Apr 4, 2012

Poirrier and the DHH were not immune from liability, the doc *20 trine of qualified immunity shields them from liability. Qualified immunity protects government officials performing discretionary functions. McManus v. … Qualified immunity for discretionary acts of public entities and their employees is provided for in La.R.S. 9:2798.1: A.

Jones v. St. Tammany Parish Jail

4 F. Supp. 2d 606 · District Court, E.D. Louisiana · May 8, 1998

Qualified immunity may be established as a matter of law. Hare, 135 F.3d at 326-28. … Thus, if Longino’s actions, considered in light of these clearly established laws, were objectively reasonable, then he is entitled to qualified immunity. a.

Akins v. Jefferson Parish

529 So. 2d 27 · Louisiana Court of Appeal · Jun 7, 1988

In sum, a qualified immunity is only available to those officials who affirmatively assert the defense and prove that they were acting within the scope of their discretionary authority. Barker v. … This affirmative defense is unavailable to those who either act with malice or who contravene clearly established law. Procunier v. Navarette, supra ; Wood v.

Craig v. St. Martin Parish Sheriff

861 F. Supp. 1290 · District Court, W.D. Louisiana · Aug 22, 1994

However, qualified immunity turns on the objective reasonableness of the action assessed in the light of the legal rules that were clearly established at the time it was taken. White v. … Because there is sufficient evidence that the defendants violated clearly established law, the court declines to grant them qualified immunity on *1297 Craig’s Fourth and Fourteenth Amendment claims arising out of his detention

Chivleatto v. Divinity

379 So. 2d 784 · Louisiana Court of Appeal · Dec 6, 1979

[Emphasis added] Unless a health care provider qualifies it is clearly not "covered," Everett v. … That is simply not the law; to the contrary, it is the defendant who must show that he is a covered health care provider, or that he enjoys any other immunity from suit.

Bibbins v. City of Baton Rouge

489 F. Supp. 2d 562 · District Court, M.D. Louisiana · May 11, 2007

See e.g., Geter, 849 F.2d at 1559 (noting that “a police officer cannot avail himself of a qualified immunity defense if he ... deliberately conceals exculpatory evidence, for such activity violates clearly established constitutional … qualified immunity).

State v. Lombard

486 So. 2d 106 · Supreme Court of Louisiana · Mar 31, 1986

Defendant contends that Mattheson's rejection of defense witness immunity was qualified, that under certain narrow circumstances a trial judge can grant immunity. … In any event, the judge's failure to give the requested charge was harmless because the evidence concerning the events surrounding the confrontation clearly established to the jury that defendant was not the aggressor and

Deumite v. State

692 So. 2d 1127 · Louisiana Court of Appeal · Apr 23, 1997

Clearly, under the plain wording, the Department of Natural Resources cannot use La. R.S. 9:2795 to urge immunity. … Clearly, the majority's broad application of the immunity granted under La. R.S. 9:2795(E) overlooks many well-established principles that prevent expansion of immunity in this case.

Slocum v. Devezin

948 F. Supp. 2d 661 · District Court, E.D. Louisiana · Jun 3, 2013

Supreme Court, Fifth Circuit, and Eastern District eases that support defendants’ qualified immunity.” 39 Further, Defendants argue that under Fifth Circuit precedent, when defendants invoke qualified immunity, the burden … This conclusion obviates the need for the Court to address Defendants’ defense of qualified immunity.

Moore v. United States Department of Agriculture

857 F. Supp. 507 · District Court, W.D. Louisiana · Jul 13, 1994

To establish a prima facie unlawful refusal-to-hire case a plaintiff must establish four things: that he or she belongs to a group protected by the EEOA; that he or she applied for and was qualified for a job for which applicants … However, when viewed under a standard of a reasonable commercial transaction, the area in which "clearly not creditworthy" and "clearly creditworthy" overlap is slight.

Rory T. White and Romaine L. White Individually and on Behalf of Their Minor Child, Richard White v. New Orleans Center for the Creative Arts

Louisiana Court of Appeal · Sep 25, 2019

This reporting is clearly mandated by the Louisiana Children’s Code articles 609(A)(1); 610. … Immunity for a Mandatory Reporter A mandatory reporter’s immunity is not absolute; however, it is qualified by the good faith requirement. See La. Ch.

Kelly v. Foti

870 F. Supp. 126 · District Court, E.D. Louisiana · Nov 23, 1994

The objective reasonableness of an official’s actions is “assessed in light of legal rules clearly established at the time of the incident.” Mangi-eri, 29 F.2d at 1016. … This argument would convert qualified immunity into absolute immunity. In Anderson v.

Dickerson v. Kemp

540 So. 2d 467 · Louisiana Court of Appeal · Feb 28, 1989

We note that subsequent jurisprudence has acknowledged that when a prosecutor acts in an administrative or investigative capacity, he is entitled only to qualified immunity. Cribb v. … in order to establish a qualified privilege to a defamatory action the defendant must introduce evidence of good faith. [2] LSA-C.C.P. art. 1603 reads as follows: A motion for a continuance shall set forth the grounds upon

Ambrose v. New Orleans Police Dept.

627 So. 2d 233 · Louisiana Court of Appeal · Nov 18, 1993

Also, prior to 1987, R.S. 40:1235(A) provided for qualified immunity for EMTs and the agencies employing those EMTs. … , and who gave instructions to EMTs through the establishment of protocols, would not enjoy that immunity.

Williams v. State, ex rel. Department of Wildlife & Fisheries

95 La.App. 1 Cir. 2456 · Louisiana Court of Appeal · Nov 20, 1996

Inherent in this contention is plaintiffs’ recognition that La.R.S. 56:65 is a qualified immunity statute. … Accordingly, we must address the defendants’ entitlement to the qualified immunity granted by La.R.S. 56:65.

Cook v. Parish of Jefferson

District Court, E.D. Louisiana · Jan 3, 2022

“[A] plaintiff seeking to defeat qualified immunity 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.’ … qualified immunity.

Bookenberger v. Terrebonne Parish

District Court, E.D. Louisiana · Aug 16, 2019

La. 2009) (stating that qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … LEXIS 25035, at *19 (stating that the first step in the qualified immunity analysis is to determine whether the plaintiff has alleged a violation of a clearly established constitutional right).

Homeowner/Contractor Consultants, Inc. v. Ascension Parish Planning & Zoning Commission

32 F. Supp. 2d 384 · District Court, M.D. Louisiana · Jan 6, 1999

, or in the alternative, qualified immunity. … The Fifth Circuit has not accorded absolute legislative immunity to such an action by a local governing body. 35 (II) Qualified Immunity Defendants argue in the alternative that they are entitled to the defense of qualified

Bernofsky v. Road Home Corp.

741 F. Supp. 2d 773 · District Court, W.D. Louisiana · Sep 30, 2010

The parties do not dispute that the agencies qualify as the “state” for purposes of Eleventh Amendment immunity. … Absent a statute that clearly and expressly abrogates the state’s immunity, the court will not presume such intent. See Atascadero, 473 U.S. 234 at 240 , 105 S.Ct. at 3146 .

Vu v. Meese

755 F. Supp. 1375 · District Court, E.D. Louisiana · Jan 8, 1991

legal rules that were ‘clearly established’ at the time it was taken ... … The plaintiffs contend that the clearly illegal act on the part of the variously named defendants which defeats their claim for qualified immunity is the enforcement of the Zero Tolerance policy.