Case law

Robin Dominque and Eldon Dominque, Jr. v. St. Tammany Parish, St. Tammany Parish Sheriff's Office, St. Tammany Coroner's Office, St. Tammany Parish Office of Risk Management, The Estate of Roderick Rist, Emily Buell Rist, ABC Insurance Company, DEF Insurance Company, and XYZ Insurance Company

Louisiana Court of Appeal · Sep 16, 2020

If the defendant establishes entitlement to immunity, the burden shifts to the plaintiffs to show there is conduct that would except the defendants from immunity. See Doyle v. … See Sarasino, 215 So. 3d at 930 ( This decision " clearly invokes the permissible exercise of policy decisions such as how to allocate and employ resources and manpower, and thus statutory immunity clearly applies to

Cox v. SEC., LA. DEPT. OF HEALTH AND HOSP.

939 So. 2d 550 · Louisiana Court of Appeal · Aug 25, 2006

(Emphasis added.) *554 On the other hand, transfers that do not meet the handful of provisions established in the manual as valid transfers "are presumed to be for the purpose of qualifying for LTC vendor payment unless the … In all cases, the individual shall be offered the opportunity to rebut the presumption, and evidence must be provided that establishes the transfer was solely for a reason other than to qualify for Medicaid.

Williams v. City of Baton Rouge

District Court, M.D. Louisiana · Oct 18, 2024

Discussion The Police Defendants invoke qualified immunity. … Police officers are entitled to qualified immunity if there is no constitutional violation, or if the conduct did not violate law clearly established at the time. Cole v.

Smith v. Bd. of Comm'rs of the La. Stadium

385 F. Supp. 3d 491 · District Court, E.D. Louisiana · May 14, 2019

Plaintiff was a qualified individual with a disability. … The Court found France, sued in his official capacity, is entitled to sovereign immunity on Plaintiff's damages claim against him. Id.

Bergeron v. Argonaut Great Central Insurance Co.

2010 La.App. 1 Cir. 0842 · Louisiana Court of Appeal · Mar 25, 2011

Welch was qualified to render an opinion in this matter. … All establishments that sell or serve raw oysters must display signs, menu notices, table tents, or other clearly visible messages at the point of sale with either of the following wording: 1.

State v. Davis

208 La. 954 · Supreme Court of Louisiana · Jun 29, 1945

Brice claimed immunity when questioned about his duties as bookkeeper for defendant. … The identified tickets, which were clearly admissible, were links in the state’s chain of' proof.

Eastwood v. Niblett's Bluff Park Authority

137 So. 3d 1200 · Supreme Court of Louisiana · Apr 17, 2014

The undisputed evidence in the record establishes the majority of the park’s funding came from local property taxes. … However, defendants' actions were clearly not grossly negligent, nor did defendants act with intent to cause injury or with indifference to the consequences of their actions. See DeLaFosse v.

Carney v. New Orleans City

District Court, E.D. Louisiana · Jun 25, 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 … Where a public official invokes qualified immunity as a defense to a civil action against him, the plaintiff has the burden of establishing a constitutional violation and overcoming the defense. Jackson v.

Ruddock v. JEFFERSON FIRE CIV. SERV. BD.

688 So. 2d 112 · Louisiana Court of Appeal · Jan 28, 1997

Although the facts must be clearly established, they need not be established beyond a "reasonable doubt" as in a criminal case. The Board's findings must be based on competent evidence. … Lynn was a qualified witness. In Cole Oil & Tire Co., Inc. v.

Gonzalez v. Stone

District Court, W.D. Louisiana · Feb 5, 2021

Qualified Immunity Tuten was also sued by Gonzalez in his individual capacity. Tuten maintains he is entitled to qualified immunity. … The qualified immunity defense has two prongs: (1) whether an official’s conduct violated a constitutional right of the plaintiff, and (2) whether the right was clearly established at the time of the violation such that

State v. Sanford

218 La. 38 · Supreme Court of Louisiana · Jun 30, 1950

with respect thereto will not be disturbed on appeal unless clearly not supported by the evidence. … 'The defendant did not himself take the stand or offer any countervailing evidence, ■or in any way establish the contrary to- be true.

Ezell

District Court, M.D. Louisiana · Nov 7, 2025

Qualified Immunity Lt. Seals asserts the affirmative defense of qualified immunity. … does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”57 An “official can raise qualified

Haik v. Allstate Insurance Co.

2009 La.App. 4 Cir. 0860 · Louisiana Court of Appeal · Mar 31, 2010

We find that the trial court was not manifestly erroneous or clearly wrong and affirm. … is clearly wrong or manifestly erroneous.

State v. Jett

419 So. 2d 844 · Supreme Court of Louisiana · Sep 7, 1982

The article relating to qualified pleas simply deleted the language providing for such plea. This revision was clearly designed to limit the jury discretion found so objectionable in Furman by Justice White. … He clearly poses a risk to the safety of the public.

Montgomery v. Vernon Parish School Board

District Court, W.D. Louisiana · Oct 8, 2025

Qualified immunity Williams next contends that he is entitled to qualified immunity. … Tex. 2014) (collecting cases and holding the ability to bring a race discrimination claim against supervisors in their individual capacities to be clearly established).

Whetstone v. Dixon

616 So. 2d 764 · Louisiana Court of Appeal · Apr 28, 1993

Dixon made the trip at the request of the deacon board, and the trip clearly was not coincidental with any personal mission. … In this case, the facts which would establish Dixon's relationship with Faith and Truth are not in dispute.

Morella v. Board of Commissioners

2007 La.App. 4 Cir. 0864 · Louisiana Court of Appeal · May 14, 2008

fault of the tort-immune employer-lessee should be allocated to it. … Therefore, to allocate no fault to P & O is clearly wrong.

State v. McGuire

560 So. 2d 545 · Louisiana Court of Appeal · Apr 10, 1990

Larpenter concluded that no gratuity, benefits, leniency of sentence or immunity of prosecution were offered to defendant in order to induce him to make a statement. … I don't think he is qualified. He is not an expert in that area.

McLaughlin v. French

492 So. 2d 254 · Louisiana Court of Appeal · Aug 5, 1986

David [r]ead in conjunction with P-2 [Ordinance 967] clearly shows that in 1976 now we're talking about, before Mr. … It clearly appears that the defendant is domiciled at 1811 Gordy Street in Lecompte which is not located in District H and, thus, cannot qualify as a candidate for District H of the Rapides Parish School Board.

Haspel & Davis Milling & Planting Co. v. Board of Levee Commissioners

98 La.App. 4 Cir. 1664 · Louisiana Court of Appeal · Mar 31, 1999

The Levee Board sought the return of those properties that could not qualify under the expropriation/threat of expropriation standard. Plaintiffs filed various exceptions, including an exception of no cause of action. … In the present case, the Levee Board is not entitled to sovereign immunity.) In the present case the plaintiffs are not questioning the DNR’s authority or process of determining ownership.