Case law

Davis v. Fernandez

District Court, E.D. Louisiana · May 3, 2022

This doctrine protects government officials sued in their individual capacities “from liability for civil damages insofar as their conduct does not violate clearly established statutory or … Since qualified immunity does not merely offer immunity from liability, but also provides immunity from suit, see Foster v.

Wooten v. Harrell

District Court, M.D. Louisiana · Apr 25, 2024

Page 7 of 20 reasonably.”®© In striking this balance, qualified immunity shields “government officials performing discretionary functions” from civil liability “insofar as their conduct does not violate clearly … established statutory or constitutional rights of which a reasonable person would have known.”°’ When a public official asserts the defense of qualified immunity, the plaintiff has the burden of establishing a constitutional

Bernofsky v. Tulane University Medical School

962 F. Supp. 895 · District Court, E.D. Louisiana · Apr 15, 1997

Assuming this comment was made, the undisputed facts still clearly establish that “de facto tenure” does not exist at Tulane, Bernofsky knew that “de facto tenure” did not exist and kept asking for “real” tenure and that … Finally, a report made within the reach of this statute does not serve as life-long immunity from negative employment action.

Tolar v. State ex rel. Department of Public Safety

363 So. 2d 933 · Louisiana Court of Appeal · Sep 25, 1978

This was a reasonable interpretation of the notice provision of the statute which had not previously been clearly interpreted judicially. … LSA-R.S. 32:424: “The department, having good cause to believe that a licensed driver or chauffeur is incompetent or otherwise not qualified to be licensed, may upon written notice of at least ten days to the licensee require

Barra v. Boudreaux

District Court, W.D. Louisiana · Apr 6, 2020

“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 … is clearly established as to the specific facts of the case.”

Coker v. Whittington

169 F. Supp. 3d 677 · District Court, W.D. Louisiana · Mar 14, 2016

immunity. … immunity.

Bush v. Thoratec Corp.

13 F. Supp. 3d 554 · District Court, E.D. Louisiana · Apr 1, 2014

As a general matter, the United States is immune to suits brought by individuals except where it has explicitly waived its immunity by statute. In re FEMA Trailer Formaldehyde Prods. Liab. … Under the VMMA, “expert testimony is ordinarily necessary to establish the appropriate standard of care, to establish a deviation from the standard, and to establish that such a deviation was the proximate cause of the claimed

State v. Trosclair

443 So. 2d 1098 · Supreme Court of Louisiana · Nov 28, 1983

Defendant was permitted to introduce evidence of particular acts establishing these witnesses' possible bias, interest or corruption. … Refusal to Permit Counsel for Defendant to Qualify Either Carl Daigrepont or Dr. Rob Hartwick as Experts in Field of Horse Racing. Defense counsel attempted to qualify Mr.

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.

Pigott v. Gintz

District Court, W.D. Louisiana · Nov 14, 2023

The defense of qualified immunity shields government officials performing discretionary functions from liability for civil damages if their conduct “does not violate clearly established statutory or constitutional rights … Once qualified immunity is asserted, “the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established

Opinion Number

Louisiana Attorney General Reports · Nov 16, 2009

XII, § 3, which provides, "[n]o person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law." … *Page 3 There is some debate as to whether or not the committee has sufficient advisory power to qualify as a "public body" subject to the Open Meetings Law.

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.

Simeon v. Doe

618 So. 2d 848 · Supreme Court of Louisiana · May 24, 1993

It has long been a well-established *858 rule that in sales of food for domestic use there is an implied warranty that it is wholesome and fit for human consumption. Race v. … PERSONS WITH LIVER, STOMACH, BLOOD, OR IMMUNE SYSTEM DISORDERS.

Burmaster v. Plaquemines Parish Government

982 So. 2d 795 · Supreme Court of Louisiana · May 21, 2008

If a plaintiff could avoid the prohibition (i.e., the immunity from claims under La. … To the extent that the statute establishes a burden of proof in malpractice actions, it clearly should be characterized as procedural and therefore applied to pre-existing facts and relations.

Fischer v. Dubroca

163 La. 292 · Supreme Court of Louisiana · Jan 31, 1927

"A later law which is merely a re-enactment of a former does not repeal an intermediate act which has qualified or limited the first one, but such intermediate act will be deemed to remain in force, and to qualify or modify … Sess.), gave the board the authority to sue and be sued, and gave it in fact "all of the rights, powers and immunities incident to corporations." Section 2. State v.

Wells v. State Through Dept. of Highways

450 So. 2d 1027 · Louisiana Court of Appeal · May 30, 1984

They contend that the fact that ViCon contracted to do work and then contracted with another for performance of the work is sufficient to establish statutory employer status. We agree with defendants' contention. … Quaid's affidavit clearly shows that ViCon contracted to do work for the State of Louisiana and then contracted with Fortenberry to perform part of the work. In doing so, ViCon became the statutory employer of Wells.

Luke v. Neal

District Court, E.D. Louisiana · Jun 25, 2021

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

Smith v. New Orleans City

District Court, E.D. Louisiana · Nov 10, 2020

In striking this balance, qualified immunity shields “government officials performing discretionary functions” from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional … is entitled to qualified immunity.”).33 ii.

Wilson v. Town of Mamou

972 So. 2d 461 · Louisiana Court of Appeal · Dec 19, 2007

Accordingly, we find the immunity statutes inapplicable. Standard of Review A trial court's findings of fact may not be reversed absent manifest error or unless it is clearly wrong. Stobart v. … Even though the trial court obviously found the sister's testimony *470 was not credible, the record clearly establishes, as borne out by the witnesses, that several minutes prior to the fatal shooting, Ms.

Rivera-Colon v. St. Bernard Parish

District Court, E.D. Louisiana · Feb 2, 2021

was objectively unreasonable in light of clearly established law at the time of the incident. … “The second prong of the qualified immunity test is better understood as two separate inquiries: whether the allegedly violated constitutional rights were clearly established at the time of the incident; and,