Case law

Henagan v. City of Lafayette

District Court, W.D. Louisiana · Sep 27, 2022

constitutional rights under the First, Fourth and Fourteenth Amendments.48 “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable … from Plaintiff’s claims because Plaintiff has failed to overcome the second element of the qualified immunity test—specifically, that the unlawfulness of the Mayor’s conduct was “clearly established” at the time of Plaintiff

State v. Gremillion

529 So. 2d 497 · Louisiana Court of Appeal · Jun 22, 1988

or qualified to give an opinion as to the cause of death. 5. … Caillouet was qualified to testify as an expert witness when he was not qualified as such. 6.

Skinner v. Gautreaux

District Court, M.D. Louisiana · Nov 7, 2022

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 … The Fifth Circuit recently clarified that all discovery involving a defendant raising the defense of qualified immunity must be stayed until resolution of the defense of qualified immunity: The Supreme Court has now made

State v. Marquer

446 So. 2d 1258 · Louisiana Court of Appeal · Feb 13, 1984

Detective Taplin was qualified as an expert in the field of drug abuse and distribution of drugs in New Orleans. … Chester's remarks about what his priorities should be were apparently addressed to defense counsel's questioning why some of the state's witnesses were given immunity.

Henderson v. Guillory

546 So. 2d 244 · Louisiana Court of Appeal · Jun 14, 1989

The record shows that the communication was made in good faith to the proper parties and was entitled to a qualified privilege. … in furtherance of a legitimate state interest, he was immune from a judgment for damages.

Washington v. Smith

District Court, E.D. Louisiana · Dec 22, 2022

Qualified Immunity “Governmental officers sued in their individual capacity are entitled to qualified immunity insofar as their conduct ‘did not violate clearly established … clearly established law.

Littlejohn v. New Orleans City

District Court, E.D. Louisiana · Oct 8, 2020

clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Where a public official invokes qualified immunity as a defense to a civil action against him, a plaintiff has the burden of establishing a constitutional violation and overcoming the defense. See Jackson v.

Richardson v. St. Charles-St. John the Baptist Bridge & Ferry Authority

274 F. Supp. 764 · District Court, E.D. Louisiana · Oct 16, 1967

Since the statute that authorized the establishment of the Authority pro *767 vides that the Authority can sue and be sued, its immunity has been waived. … Under these circumstances, the Authority appears clearly to be a separate-entity. In this regard, it must be distinguished from the Louisiana Wildlife- & Fisheries Commission, which was held in Ward v.

Willis v. Ean Holdings

2015 La.App. 1 Cir. 1538 · Louisiana Court of Appeal · Apr 12, 2017

Clearly, Empire is a private insurer and was in no way acting under the color of state law. Thus, Ms. Willis could not meet her bux--den of proving her Fourteenth Amendment claims. … Appeals are favored, and penalties for frivolous appeal'will not be imposed unless they are clearly due. Id.

McNeal v. Louisiana Department of Public Safety & Corrections

District Court, M.D. Louisiana · Apr 18, 2022

“In determining whether an official enjoys immunity, we ask (1) whether the plaintiff has demonstrated a violation of a clearly established federal constitutional or statutory right and (2) whether the official’s actions … Having established that Plaintiff has met the first qualified-immunity prong, the Court turns to the second prong of the analysis: whether LeBlanc’s actions were objectively unreasonable in light of clearly established

Davis v. English

660 So. 2d 576 · Louisiana Court of Appeal · Sep 22, 1995

Davis, a registered voter qualified to vote in Senate District 39, has standing to contest the candidacy of Mr. … Art. 38: *578 The domicile of each citizen is in the parish wherein he had his principal establishment.

Simmons v. Sabine River Authority

823 F. Supp. 2d 420 · District Court, W.D. Louisiana · Oct 3, 2011

Although defendants have not shown that plaintiffs are subject to the arbitration provision of the AEGIS Policy, the jurisprudence of this Circuit clearly establishes that this is not a requirement of the “relates to” test … It is now clearly established that land and water management issues are “traditionally significant to the States,” and thus constitute “traditionally local functions.” 13 Briar Meadows Developments, Inc. v.

Arrant v. Graphic Packaging International, Inc.

127 So. 3d 924 · Louisiana Court of Appeal · Sep 25, 2013

R.S. 28:1031.1 and Defendants are entitled to the tort immunity provided to employers under the Louisiana Workers’ Compensation Act (“LWCA”). … , he must further establish that the illness is disabling.

Johnson v. STATE DEPT. OF SOCIAL SERVICES

943 So. 2d 374 · Louisiana Court of Appeal · Jun 9, 2006

"Otherwise qualified" means that were he not handicapped, Johnson would have qualified for the program or benefits he was denied because of his handicap. … Since Johnson is not "otherwise qualified" to receive the vocational rehabilitation services denied to him because of the alleged discrimination, he has failed to establish entitlement to damages under § 794.

Farley v. STATE THROUGH DEPT. OF TRANSP.

680 So. 2d 750 · Louisiana Court of Appeal · Sep 27, 1996

XII, § 10 provides a general prohibition against sovereign immunity: § 10. Suits Against the State Section 10. (A) No Immunity in Contract and Tort. … The evidence at trial established the plaintiffs, four of Ms. Farley's eight children, are all majors, none of whom are supported by Ms. Farley. One of the daughters, Ms.

Zachary Zaunbrecher v. Marissa Martin, Jeremy Ponthieux, and Nathan Ponthier

Louisiana Court of Appeal · Mar 21, 2018

in qualified immunity statutes, immunity should not apply to the security guards in this case. … , it’s not qualified as Mr.

Natural Gas & Oil Corp. v. Waggonner

151 So. 2d 575 · Louisiana Court of Appeal · Feb 7, 1963

Their sole claim to immunity is the fact that their physical properties are situated within the enclosure of Barksdale Air Force Base. This can afford them no such immunity. … Its sole claim to immunity is the fact its physical property is situated within the enclosure of Barksdale Air Force Base. This can afford it no such immunity.

Davis v. Peters

District Court, M.D. Louisiana · Jul 13, 2020

Qualified Immunity Because Defendants assert qualified immunity, Plaintiff “bears the burden of pleading facts that demonstrate liability and defeat immunity.” Shaw v. … The second step of the qualified immunity analysis is to determine whether Plaintiff has claimed a violation of a clearly established constitutional right which was in existence at the time of his incarceration.

Mitchell v. Starks

District Court, M.D. Louisiana · Nov 17, 2022

,” and (2) “whether the right was ‘clearly established.” … Stark’s qualified immunity defense and 12 establish a genuine contest regarding whether Lt.

Johnson v. City of Morgan City

787 So. 2d 326 · Louisiana Court of Appeal · Dec 22, 2000

R.S. 9:2791 and 9:2795 thus clearly apply to public bodies such as the state, a city or a parish. La.R.S. 9:2795 E. Following Keelen v. … The jurisprudentially established test is comprised of three parts. First, the property upon which the injury occurs must be an "undeveloped, nonresidential, and rural or semirural" locale.