Case law

Lyncker v. Design Engineering, Inc.

2010 La.App. 4 Cir. 0740 · Louisiana Court of Appeal · Oct 20, 2010

They state that the requirements for immunity from liability under § 9:2798.4 were misapplied, and that such a determination of immunity cannot be made on summary judgment. … Lyneker’s injuries and death, and that DOTD is clearly entitled to judgment as a matter of law. Sworn deposition testimony from Charles Wolfe, attached to the DOTD’s motion for summary judgment, shows that Mr.

Skinner v. Ard

District Court, M.D. Louisiana · Feb 10, 2020

Plaintiffs state that the Deputy is not entitled to qualified immunity because Deputy McLin’s actions were not objectively reasonable in light of the legal rules clearly established at the time of his actions. … “ ‘Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Tale-Toc

District Court, E.D. Louisiana · Aug 12, 2026

Qualified Immunity Similarly, Defendants’ argument that they are entitled to qualified immunity also fails. … immunity shield.59 Ergo, Plaintiff’s Franks claim survives Falvey’s qualified immunity argument.

State v. Fabre

525 So. 2d 1222 · Louisiana Court of Appeal · May 17, 1988

In that opinion, the court clearly set forth its intention to accept a plea that was "unqualified" strictly from the standpoint of State v. Crosby, supra . … However, a court is not prohibited from accepting a guilty plea that is so qualified.

Schilly

District Court, E.D. Louisiana · Dec 15, 2025

Plaintiffs also maintain that Marcal and Khars are not entitled to qualified immunity because, under the relevant legal test, the officers violated a clearly established constitutional right at the time of this … Here, Plaintiffs cannot show a violation of a clearly established right of which a reasonable officer would have known when Schilly was shot.150 Qualified immunity protects “all but the plainly incompetent or those who

Feary v. Regional Transit Authority

688 F. Supp. 1108 · District Court, E.D. Louisiana · Jul 13, 1988

Nor may the Court consider the RTA to have waived its right to have its case tried solely in Louisiana state court. 2 The Louisiana legislature has established specific statutory provisions setting forth the rights and obligations … of governmental entities and has given no clearly expressed authority for its attorneys to waive any requirement that suit be limited to state court.

Turner v. Massiah

641 So. 2d 610 · Louisiana Court of Appeal · Jul 1, 1994

established by a preponderance of the evidence. … That is, when a statute grants immunities or advantages (a cap) to a special class (qualified health care providers) against the general public, the claims of the grantee should be strictly construed. Rodriguez, supra.

Pappas v. Marine Spill Response Corp.

94 La.App. 3 Cir. 879 · Louisiana Court of Appeal · Feb 15, 1995

Insofar as in this case Pappas was under his employer’s supervision, Templet is clearly distinguished. . … The evidence clearly established that Mr. Pappas did not initiate, nor did he participate, in a dispute with the patron who struck him. The employer has failed to establish that the injury arose out of a dispute.

Moore v. Roemer

567 So. 2d 75 · Supreme Court of Louisiana · Sep 6, 1990

The committee, however, did not recommend such broad authority in the legislature, and its initial proposal would have qualified the grant of jurisdiction with language, ` [u]nless otherwise provided or authorized in this … The compensation scheme is a tradeoff whereby the employee gives up his right to recover full damages and the employer gives up his tort defenses, particularly immunity when not at fault.

Sartin v. LSU/Bogalusa Medical Center

2007 La.App. 1 Cir. 1367 · Louisiana Court of Appeal · Feb 8, 2008

Sartin did not establish a basis for reinstatement of benefits. … The medical record here is not sufficient alone to establish a continued disability or inability to work, and the WCJ clearly did not accept the claimant's allegations on that issue.

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.

CAMPAIGN FOR a LIVING WAGE v. New Orleans

825 So. 2d 1098 · Supreme Court of Louisiana · Sep 4, 2002

VI, § 9(B) "so as to qualify as an exception to the prohibition against state interference with home rule discretion." For these reasons, the district court declared La. R.S. 23:642 unconstitutional. … Article VI, § 4 of the 1974 Louisiana Constitution grants the City both the power of initiation and the power of immunity. City of New Orleans v.

White System of New Orleans, Inc. v. Hall

45 So. 2d 649 · Louisiana Court of Appeal · Apr 10, 1950

The court permitted the defense to prevail, decreeing that plaintiff was not a holder in due course, saying: *654 “We think it is clearly established by the jurisprudence of this State that the transferee of a negotiable … The Swain, Emmons, and Carruth cases are clearly distinguishable from Citizens Loan Corp. v. Robbins, supra, and are not authority for the holding in said case.

Hicks v. Department of Public Safety & Corrections

District Court, M.D. Louisiana · Oct 6, 2021

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 reasonable … Accordingly, the Fifth Circuit “has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to ascertain the availability of that

Lawrence v. Lawson

District Court, E.D. Louisiana · Apr 17, 2023

“Qualified immunity is a defense available to government officials in their individual capacities under 42 U.S.C. § 1983.”35 “Qualified immunity is an ‘immunity from suit rather than a mere defense to liability.’”36 “Qualified … immunity protects ‘government officials performing discretionary functions’ from liability for civil damages so long as their ‘conduct does not violate clearly established statutory or constitutional rights of which a

Faul v. Trahan

718 So. 2d 1081 · Louisiana Court of Appeal · Oct 7, 1998

None of the Defendants was guilty of wilful or wanton negligence so as to establish liability under La.R.S. 9:2795.1. 4.) … La.R.S. 9:2795.1, the Equine Immunity Statute, provides tort immunity for "equine activity sponsors" and "equine professionals" as follows: A.

Williams v. Biggs

District Court, E.D. Louisiana · Feb 26, 2024

conduct violated clearly established law.”12 In resolving questions of qualified immunity at summary judgment, courts engage in a two-pronged … The second step of the qualified immunity inquiry asks whether the violated constitutional right was clearly established at the time of the violation.

Williams v. Attorney General State of Louisiana

District Court, E.D. Louisiana · Feb 4, 2025

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”65 The Supreme Court has made clear that qualified immunity functions as an immunity from suit, rather … And the claims the Court did consider failed based on the lack of a clearly established constitutional right to terminate child support duties. No amendment would change this.

State v. Bosworth

415 So. 2d 912 · Supreme Court of Louisiana · Jun 11, 1982

(The postplea hearings clearly established this.) … Both "misread" the situation, however, and the record clearly established the trial judge gave no assurances regarding the sentence to be imposed.

United States v. Anzelmo

319 F. Supp. 1106 · District Court, E.D. Louisiana · Oct 29, 1970

immunity in this situation. … Clearly, this reasoning would support a grant of immunity from civil liability and Gremillion cites a long line of authority establishing a doctrine of judicial immunity from civil liability in American jurisprudence. 4 This