Case law

Stead v. Swanner

12 La.App. 5 Cir. 727 · Louisiana Court of Appeal · May 16, 2013

No testimony definitively established, however, exactly when during the evening this photograph had been taken. … Swanner did check on the teens several times during the evening, no conclusive testimony established the time that this photograph was taken. The trial judge clearly found all of the testimony supporting Ms.

Owens v. City of Shreveport

District Court, W.D. Louisiana · Sep 12, 2025

Defendants assert that qualified immunity insulates the officers from liability in this suit unless Plaintiffs can meet their burden of negating the qualified immunity defense. See id. at 13. … The United States Court of Appeals for the Fifth Circuit has held that where qualified immunity is asserted as a defense to a false arrest, the plaintiff must show that it was “‘clearly established that the circumstances

Batson v. South Louisiana Medical Center

2002 La.App. 1 Cir. 2381 · Louisiana Court of Appeal · Jun 27, 2003

The record establishes that SLMC and the State entered into a contract with Louisiana Physical Therapy and Athletic Rehabilitation, Inc. … While not solely determinative of the issue of coverage, clearly, these physical therapy defendants were not acting under any belief that the issuance of the certificate of qualification established that they were in fact

Wild v. State, Department of Health & Hospitals

2008 La.App. 1 Cir. 1056 · Louisiana Court of Appeal · Dec 23, 2008

Wild’s establishment of the revocable living trust did not amount to an alienation of the property for purposes of qualifying for LTC Medicaid benefits. … Wild’s living trust was established for estate planning purposes to prevent the necessity of interdicting Mrs. Wild, rather than the purpose of qualifying for Medicaid.

Cain v. Martin Marietta Corp.

537 So. 2d 294 · Louisiana Court of Appeal · Dec 16, 1988

He stated that the scope of the work performed by Combustion Engineering, Inc. was of such a specialized nature and of such heavy construction so as not to qualify as work customarily performed by Martin Marietta. … These facts establish an independent basis for the exclusive remedy of worker’s compensation benefits under Louisiana Revised Statute Title 23 Section 1061 and on this basis Martin Marietta’s customary performance of the

Watkins v. International Service Systems

741 So. 2d 171 · Louisiana Court of Appeal · Jun 16, 1999

Barto, in his role as supervisor of a fast food establishment, questioned a co-employee (Fletcher) about the theft of money from the office cash box. … In committing the battery, Henderson clearly acted on personal motivations.

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

Sevin v. Parish of Plaquemines

901 So. 2d 619 · Louisiana Court of Appeal · Apr 27, 2005

The testimony establishes that Mrs. … Clearly, the drop off in question satisfies the latter requirement.

Mouncil v. Dunn

District Court, W.D. Louisiana · Feb 5, 2025

“Because nonprecedential opinions do not establish any binding law for the circuit, they cannot be the source of clearly established law for qualified immunity analysis.” … established law.12 Dunn is entitled to qualified immunity.

Abshire v. Livingston Parish

District Court, M.D. Louisiana · May 22, 2023

As to the second prong, “[q]ualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. … Taylor does not claim that this right was not clearly established; to the contrary, Dr.

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.

Barnum v. New Orleans City

District Court, E.D. Louisiana · Jul 16, 2025

The officers argue that they are entitled to qualified immunity. Qualified immunity “provides ample protection to all but the plainly incompetent or those who knowingly violate the law.” Malley v. … Hence, courts “cannot deny qualified immunity without identifying a case in which an officer acting under similar circumstances was held to have violated the [right at issue], and without explaining why the case clearly

Slocum v. DeWitt

374 So. 2d 755 · Louisiana Court of Appeal · Sep 5, 1979

We believe a fair evaluation of the evidence leads to a preponderance establishing that the defendant was actually domiciled at Route 21, Anandale Lane for a full year preceding his qualifying as a candidate. … What is at issue here is whether the defendant has actually established a new domicile, not his motives for establishing it.

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.

United States v. Edwards

83 F. Supp. 2d 723 · District Court, M.D. Louisiana · Dec 28, 1999

Edmondson, there are two types of immunity — formal/statutory immunity and informal/pocket immunity. In State v. … Moreover, there is insufficient evidence to establish any such “joint” state/federal investigation. Mr.

Skinner v. Gautreaux

District Court, M.D. Louisiana · Nov 30, 2020

Qualified immunity shields government officials from individual liability for performing discretionary functions, unless their conduct violates clearly established statutory or constitutional rights of which a … “To overcome the immunity defense, the complaint must allege facts that, if proven, would demonstrate that [the individual defendant] violated clearly established statutory or constitutional rights.” Id. at 995.

Otkins v. Gilboy

District Court, E.D. Louisiana · Oct 27, 2022

Immunity Scheduling Order.50 Finally, Defendants again assert that the officers did not violate a clearly established constitutional right and are thus entitled to Qualified Immunity. … to whether the official’s allegedly wrongful conduct violated clearly established law.”62 However, when considering a qualified immunity defense, the court must still view the evidence in the light most favorable to

Certain Underwriters at Lloyd's v. Sea-Lar Management, Inc.

787 So. 2d 1069 · Louisiana Court of Appeal · May 9, 2001

The trial court held that the ten-year prescriptive period applicable to contracts applies: The decision to pursue a tort or contract claim was clearly elective on [the] part of plaintiff and Underwriters. … In Louisiana, it is well established that a party damaged by conduct arising out of contract may have a right to seek damages in tort and for breach of contract. State e[x] rel. Guste v.

State v. Brenner

486 So. 2d 101 · Supreme Court of Louisiana · Mar 31, 1986

Defendants also contend that the statute is unconstitutionally vague in prohibiting criminally negligent neglect of the infirm without establishing who has a duty of care. … Those reporting abuse or neglect "other than the person alleged to be responsible for the abuse or neglect" shall have immunity from civil liability because of the report.