Case law

Dale Hartley v. University of Holy Cross

Louisiana Court of Appeal · Jul 19, 2023

Well, there’s really a dearth of testimony regarding his attitude toward women, so the falsity of it, not clearly established, but not clearly not established. … Hartley points out that WC immunity does not exclude an employer’s vicarious liability for its employee’s intentional acts. See La. C.C. art. 2320; Baumeister v.

Spillman v. Anco Insulations, Inc.

2007 La.App. 1 Cir. 0763 · Louisiana Court of Appeal · Sep 9, 2008

In its answer, Exxon raised the affirmative defense of workers' compensation immunity. After Mr. … Clearly the trial court credited this testimony that the engine and boiler rooms on the riverboats contained asbestos, and we do not find the court's conclusion to be manifestly erroneous or clearly wrong.

Washington v. GRAND CASINOS OF LA., INC.

715 So. 2d 515 · Louisiana Court of Appeal · Jun 3, 1998

La.Code Civ.P. art.1972 provides that a new trial shall be granted where the judgment appears clearly contrary to the law and the evidence. … Under the circumstances, it is clear that the plaintiffs failed to establish their prima facie case. We are mindful of the trial court's concern that the defendant may be allowed to hide behind sovereign immunity.

Poole v. Shreveport

District Court, W.D. Louisiana · Feb 23, 2022

Qualified immunity protects public officials from suit and liability under section 1983 unless their conduct violates a clearly established right. See Garza, 943 F.3d at 744. … Qualified immunity applies if a reasonable officer could have believed that shooting Poole was lawful in light of clearly established law and the information Briceno possessed at the time of the shooting.

Erwin v. Murray

District Court, E.D. Louisiana · Oct 27, 2023

DISCUSSION It is well established that qualified immunity shields public officials from suit and liability under § 1983, “so long as their conduct ‘does not … violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Kimball v. Allstate Ins. Co.

712 So. 2d 46 · Supreme Court of Louisiana · Apr 14, 1998

Thus, a law which operates over the whole territory of the state instead of just a particular locality is clearly general, and not local. General and Special Laws in Louisiana, 16 La. … In 1959, this court construed the sovereign immunity provision as it then existed as doing no more than giving the legislature the power to waive the traditional immunity from suit, but not the immunity from substantive tort

Constant v. State

255 So. 2d 453 · Louisiana Court of Appeal · Nov 10, 1971

Act 657 goes beyond the provisions of Article 3, Section 35 of the Louisiana Constitution which provisions authorize the Legislature only to waive State’s immunity from suit, immunity from liability, and also prescription … from suit, immunity from liability, and also prescription or peremption.

Frederick v. LeBlanc

District Court, M.D. Louisiana · May 4, 2020

Qualified Immunity The individual Defendants have asserted the defense of qualified immunity for the individual capacity claims brought against them. In Harlow v. … not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”50 “When a defendant invokes qualified immunity, the burden shifts to the plaintiff to

Dilley v. State of Louisiana

District Court, M.D. Louisiana · Nov 28, 2023

Reinert, Qualified Immunity’s Flawed Foundation, 111 CAL. L. REV. 201 (2023). Restored to its proper place, this clause “unequivocally negate[s] the original interpretive premise for qualified immunity.” … Plaintiff has carried his burden to show that the law was clearly established at the time Trooper Domingue used deadly force against him, and Trooper Domingue’s qualified immunity defense fails.

Snyder v. Bergeron

District Court, E.D. Louisiana · Jul 7, 2021

But that changes with qualified immunity. … But, to overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.

Wilson ex rel. Brown v. Touro Infirmary

156 So. 3d 661 · Louisiana Court of Appeal · Feb 20, 2013

Discussion At trial, four witnesses were qualified as experts to testify as to the standard of care for patient transfers in a rehabilitation unit. Dr. … Brown’s chart after the incident, was also qualified as an expert.

Hayes v. Sheraton Operating Corp.

2016 La.App. 4 Cir. 0038 · Louisiana Court of Appeal · May 25, 2016

“Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact.” La. … Although, the cited jurisprudence relates to the duties of a school board, clearly the same duties apply to a school pursuant to La. Civ.

DeRouen v. Jefferson Parish Sheriff's Office

District Court, E.D. Louisiana · Mar 11, 2021

Qualified Immunity Next, Defendants argue that they are entitled to qualified immunity from Plaintiff’s § 1983 claim. … “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

Russo v. Burns

2014 La.App. 4 Cir. 1008 · Louisiana Court of Appeal · Sep 17, 2014

Burns had a good faith belief that he had filed his tax returns when he qualified for office and that he had rebutted the prima facie case for disqualification established by the plaintiff. … of the trial court; and the appellate court must further determine that the record establishes that the finding is clearly wrong.

Bienvenu v. Angelle

254 La. 182 · Supreme Court of Louisiana · May 5, 1969

immunity of communications concerning public officials established by the United States Supreme Court. … But a qualified privilege is accorded no greater protection when a number of reasons can be advanced for it. .

Kopfler v. Edwards

318 So. 2d 653 · Louisiana Court of Appeal · Aug 27, 1975

He seeks to have the Tan-gipahoa Parish Democratic Executive Committee ordered to provide for a qualifying period and to fix the fee for qualification, open to him and to all persons who may wish to qualify as candidates … “In this latter regard, we note for your information Article V, Section 15 of the new Constitution which authorizes the Legislature to abolish city courts and their marshals by establishing courts of limited jurisdiction

Principe Compania Naviera, SA v. Board of Com'rs of Port of New Orleans

333 F. Supp. 353 · District Court, E.D. Louisiana · Oct 4, 1971

Board of Commissioners of the Port of New Orleans, 424 F.2d 764 (5th Cir. 1970). 4 Among the reasons cited by the *355 Fifth Circuit are the historical desire of the state to establish a separate agency removed from state … This latter evil is clearly demonstrated by situations such as that in Board of Commissioners v. Gypsum Transp.

State of Louisiana v. Jeremy Wilson

Supreme Court of Louisiana · Dec 5, 2018

Both witnesses were granted complete immunity, with the exception that the state might seek to prosecute them for perjury for any false testimony at trial. … The state possessed, in granting immunity, a tool that it could use to compel their presence on the stand.

Stewart v. J D S O

District Court, W.D. Louisiana · Oct 12, 2021

of clearly established law. … The doctrine of qualified immunity protects officers “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Sutter v. Audubon Park Commission

533 So. 2d 1226 · Louisiana Court of Appeal · Jun 7, 1988

Clearly, Audubon Park is not the sort of undeveloped, rural or semi-rural property described in Keelen . … The circumstances establish that this armed robbery was forseeable and more than a mere possibility.