Case law

Bernofsky v. Road Home Corp.

741 F. Supp. 2d 773 · District Court, W.D. Louisiana · Sep 30, 2010

The parties do not dispute that the agencies qualify as the “state” for purposes of Eleventh Amendment immunity. … Absent a statute that clearly and expressly abrogates the state’s immunity, the court will not presume such intent. See Atascadero, 473 U.S. 234 at 240 , 105 S.Ct. at 3146 .

Central Claims Service, Inc. v. Computer Science Corp.

706 F. Supp. 463 · District Court, E.D. Louisiana · Feb 10, 1989

Computer Science Corporation is clearly FEMA’s fiscal agent. … Here are the court’s words: The type of case before us presents the strongest arguments for extending qualified immunity to private party defendants.

Vu v. Meese

755 F. Supp. 1375 · District Court, E.D. Louisiana · Jan 8, 1991

legal rules that were ‘clearly established’ at the time it was taken ... … The plaintiffs contend that the clearly illegal act on the part of the variously named defendants which defeats their claim for qualified immunity is the enforcement of the Zero Tolerance policy.

Theriot v. STATE, DEPT. OF WILDLIFE & FISHERIES

661 So. 2d 986 · Louisiana Court of Appeal · Apr 7, 1995

immunity." … First, although defendants did not specifically refer to La.R.S. 56:65 in their answer, they did assert that Matassa's actions were in good faith and that he was entitled to "qualified immunity."

Golla v. City of Bossier City

687 F. Supp. 2d 645 · District Court, W.D. Louisiana · Dec 15, 2009

Qualified Immunity The doctrine of qualified immunity protects government officials “from liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Second, if a violation has been established, the court must then determine whether the officer’s actions were objectively reasonable in light of clearly established law at the time of the conduct in question.

Oladipupo v. Austin

104 F. Supp. 2d 643 · District Court, W.D. Louisiana · Apr 24, 2000

Qualified Immunity Belt and Thibodeaux contend that they are protected from liability on the basis of qualified immunity. … of clearly established law.

Doe v. Grant

839 So. 2d 408 · Louisiana Court of Appeal · Jan 29, 2003

Our Lady of the Lake Hospital, 93-2512 (La.7/5/94), 639 So.2d 730 , the Supreme Court discussed the availability of qualified immunity from a defamation claim stemming from the peer review of a cardiologist whose hospital … The statute was amended in 1995 to extend qualified immunity to hospitals as well as individual committee members.

Elliott v. Perez

561 F. Supp. 1325 · District Court, E.D. Louisiana · Mar 31, 1983

at all, qualified or absolute. … To benefit from this qualified immunity Perez must show that he was acting in good faith.

Terry v. City of New Orleans

523 F. Supp. 2d 486 · District Court, E.D. Louisiana · Oct 18, 2007

Qualified Immunity 1. … Qualified immunity protects police officers charged with discretionary duties from suit unless their conduct violates a clearly established constitutional right. 19 The burden is on the plaintiff to overcome a defendant’s

Callahan v. Circuit City Stores, Inc.

971 So. 2d 1116 · Louisiana Court of Appeal · Oct 10, 2007

Plaintiffs sought damages for defamation, false arrest, false imprisonment, and malicious prosecution. [2] Circuit City answered the petition asserting several affirmative defenses, including qualified immunity for those … APPLICABLE LEGAL PRECEPTS Liability and Qualified Immunity As stated above, all of Callahan and Cousan's claims for damages are based on *1119 the misidentification of them as perpetrators of a shoplifting at the Circuit

Long v. Northeast Soil Conservation Dist. of La.

72 So. 2d 543 · Louisiana Court of Appeal · Apr 22, 1954

This legislation is then accepted in the courts of the State as evidence of the waiver by the State of its ■ traditional and established immunity from suit. … the issue has been as clearly delineated or as forcefully presented as in the instant case.

Herster v. Board of Supervisors of Louisiana State University

72 F. Supp. 3d 627 · District Court, M.D. Louisiana · Dec 8, 2014

’s actions were objectively unreasonable in light of clearly established law at the time of the conduct in question.” … The Court finds that Herster has failed to meet her burden to establish a genuine dispute of material fact regarding whether the School of Art Defendants are entitled to qualified immunity. II.

Tolis v. BD. OF SUP'RS OF LA. STATE UNIV. & AGR. & MECHANICAL COLLEGE

655 So. 2d 747 · Louisiana Court of Appeal · May 16, 1995

Further, a judgment based on qualified immunity is on the merits. … However, the record does not establish that the dismissal of all claims against all defendants was based on qualified immunity. Counsel suggested during oral argument that the summary judgment was based on prescription.

Hall v. Louisiana

12 F. Supp. 3d 878 · District Court, M.D. Louisiana · Mar 31, 2014

Qualified Immunity In support of their motion, Jindal and Caldwell argue that they are entitled to qualified immunity. … Qualified immunity protects government officials sued in their individual capacities “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Rathey v. Priority EMS, Inc.

894 So. 2d 438 · Louisiana Court of Appeal · Jan 12, 2005

The Ratheys counter that the immunity statute does not grant EMTs a blanket immunity; rather, it grants them only a qualified immunity. … qualified immunity has been disputed; hence, the requirements must be addressed.

Smith v. Our Lady of the Lake Hosp., Inc.

612 So. 2d 816 · Louisiana Court of Appeal · Dec 23, 1992

From the plain wording of the statute, there are two prerequisites for the qualified immunity set forth in LSA-R.S. 13:3715.3 C to apply. First, the committee member must have acted without malice. … In the instant case, a determination of whether defendants are entitled to the qualified immunity requires the trial court to determine the subjective motive and knowledge of the committee members.

Deshotels v. Norsworthy

721 F. Supp. 2d 525 · District Court, W.D. Louisiana · Jul 1, 2010

Qualified immunity Defendants maintain they are entitled to qualified immunity because their conduct was reasonable under the circumstances. … whether plaintiffs have alleged the violation of a constitutional right and whether such right was clearly established. 36 The relevant, dispositive inquiry in determining whether a right is clearly established is whether

Moore v. Rice-Land Lumber Co.

14 La.App. 3 Cir. 500 · Louisiana Court of Appeal · Nov 5, 2014

Christy does not deny that Defendants would qualify for immunity under the recreational use statutes. … We also find in this case that the evidence clearly establishes that *664 neither Rice-Land nor H & H used this land principally as a commercial, recreational enterprise for profit.

Oliveaux v. St. Francis Medical Center

889 So. 2d 1264 · Louisiana Court of Appeal · Dec 15, 2004

He concedes that two statutes appear to confer qualified immunity. He contends, however, that the “discretionary act immunity” of La. … However, this record establishes substantial compliance with the Program Policy Manual, and no evidence that would remove CPS from the qualified immunity of the statutes.

John L. Renne v. the Board of Supervisors for the University of Louisiana System, University of New Orleans, Peter Fos and John Nicklow

Louisiana Court of Appeal · May 13, 2024

The trial court addressed the issue as follows: Finally, with respect to the claims of qualified immunity of the University of New Orleans officials of Fos and Hanson [sic], the qualified … immunity under the statute, Louisiana Revised Statute Title 9:2798.1 talks about the qualified immunity that’s alleged by these particular defendants.