Case law

Isadore v. Probe Offshore, LLC

815 So. 2d 876 · Louisiana Court of Appeal · Dec 19, 2001

Isadore argues that it was clearly wrong for the trial court to ignore a contract, which makes specific reference to the Plant Site, in favor of two other contracts which make no reference to it. … Lindsey's statement, indicating that only the surface lease dealt with the land where the accident occurred, was clearly wrong.

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.

Jon Mark Crouch, Sr. v. Steven Michael Collier & Jill Sessions

Louisiana Court of Appeal · Aug 13, 2024

When the qualifications for an office include a domicile requirement, the candidate shall meet the established length of domicile as of the date of qualifying. La. … that the fact finder is clearly wrong or manifestly erroneous.

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

State v. Young

576 So. 2d 1048 · Louisiana Court of Appeal · Mar 5, 1991

The victim might have given the perpetrator $20.00, but this fact was never positively established. … Clearly, the statement was offered to prove that Richardson did want a line-up.

McCord v. Polozola

555 F. Supp. 996 · District Court, M.D. Louisiana · Feb 1, 1983

Section 1915(d) establishes an equitable means for the expeditious disposition of in forma pauperis actions whose lack of worth is obvious. … It is well established that judges are absolutely immune from suit for damages when acting within the scope of their official functions, Stump v. Sparkman, 435 U.S. 349 , 98 S.Ct. 1099 , 55 L.Ed.2d 331 (1978); Slavin v.

Mosely v. Bergeron

District Court, E.D. Louisiana · Mar 26, 2021

“Qualified immunity shields government officials from civil liability in their individual capacity so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … But, to overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.

Kemp v. Belanger

District Court, W.D. Louisiana · Jun 25, 2024

For example, Kemp claims that the jury “ignored” the Court’s jury instruction on qualified immunity. /d. at 10. … Defendant Donald Belanger agrees that this is the clearly established law guiding this situation.” Record Document 244 at 8.

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.

Remet v. Martin

705 So. 2d 1132 · Louisiana Court of Appeal · Dec 10, 1997

The hospital clearly lacked the control and supervision over the radiologists that River Oaks exerted over Ms. Martin. … responsibility is established for the qualified health care provider, then the annual premium surcharge under R.S. 40:1299.44 must be paid.

Martinez v. Greater New Orleans Expressway Commission

District Court, E.D. Louisiana · Mar 17, 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 … Analysis: Coyle’s Entitlement to Qualified Immunity Martinez’s ability to prevail on prong one of the qualified immunity analysis turns on her complaint’s ability to “make out a violation

Thibodeaux v. Arceneaux

618 F. Supp. 24 · District Court, W.D. Louisiana · Oct 18, 1984

. § 1983 . (2) The evidence at trial failed to show any circumstances that would defeat the qualified immunity enjoyed by Gayle Newton. (3) The evidence at trial failed to show Gayle Newton had any liability under any pendent … There is no need for this Court to examine the question of whether Gayle Newton established with sufficient evidence the affirmative defense of qualified immunity of a judicial officer.

BD. OF EXAMINERS OF CERTIFIED SHORTHAND REPORTERS EX REL. JUGE v. Neyrey

542 So. 2d 56 · Louisiana Court of Appeal · Mar 30, 1989

The Board has authority to determine the qualifications of shorthand reporting, make rules for examination of applicants, and issue certified shorthand reporter certificates to qualified individuals. LSA-R.S. 37:2554. … Therefore, the Board itself is immune from suit under Section 1983. However, the individual members of the Board are not immune from suit under this section.

Hotard

District Court, M.D. Louisiana · Jun 11, 2026

LPSO Defendants then argue that Hotard and Bowden are entitled to qualified immunity. … In sum, Plaintiff has not established that every reasonable officer would know, beyond debate, that their conduct was unlawful under clearly established law.

Bradbury v. Thomas

757 So. 2d 666 · Louisiana Court of Appeal · Sep 24, 1999

The plaintiffs clearly established by a preponderance of the evidence that Dr. Thomas breached the applicable standard of care in the delivery of baby Richard. This assignment of error is without merit. … Not only does the record clearly support the imposition of liability to Dr.

Graham v. Prevost

2015 La.App. 4 Cir. 1033 · Louisiana Court of Appeal · Sep 29, 2015

The issue before us is thus, whether she was actually domiciléd in' District 99 for one year prior to qualifying. At trial, the Grahams introduced, the following evidence to establish that Ms. … On the record before us, we find that conclusion is neither manifestly erroneous or clearly wrong.

Simeon v. Doe

602 So. 2d 77 · Louisiana Court of Appeal · May 28, 1992

The trial court erred by denying DHHR legislative immunity from tort liability for its discretionary decisions. Even if DHHR is not immune, we find that DHHR was not negligent. … Testimony established that, of the fourteen known cases in Louisiana of vibrio vulnificus induced septicemia caused by eating raw oysters between 1977 *86 and 1985, ten of those cases resulted in death.

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

Pattan v. Fields

669 So. 2d 1233 · Louisiana Court of Appeal · Sep 26, 1995

Further, a change in domicile for the purposes of qualifying for public office occurs when there is a change in actual residence accompanied by an intention to make a new principal establishment or home. … that the finding is clearly wrong.

McKinney v. Greene

379 So. 2d 69 · Louisiana Court of Appeal · Mar 21, 1980

The evidence, which included a report from a physician who examined Robert shortly thereafter, clearly established that he had suffered no physical harm as a result of it. … We do not believe that a teacher's use of his foot to make contact with a student automatically places him outside the scope of his limited immunity.