Case law

Nationwide Amusements, Inc. v. Nattin

325 F. Supp. 95 · District Court, W.D. Louisiana · Mar 19, 1971

of action under Section 1983 based on alleged harassment and interference due to the fact that plaintiff intended to show “adult” type movies which right is protected by the First and Fourteenth Amendments. 3 This Court clearly … We recognize, to say the least, a lack of enthusiasm on the part of the city officials, but plaintiff did not establish that this was motivated by the type of films to be exhibited and that the city officials were acting

Rogers v. Texaco, Inc.

638 So. 2d 347 · Louisiana Court of Appeal · May 26, 1994

But Crown Zeller-bach did not establish a standard language requirement. … Even for those owners-operators who can qualify for limitation of liability, the limitation provides them with neither an immunity nor an assured defense.

Starnesheua L. White Personally and on Behalf of Minor Child, Tramyah White v. Morehouse Parish School Board an Incorporated Body Through Debbie Wilson, in her Official Capacity as President; and David Gray in his Official Capacity as Superintendent; Morehouse Parish School Board Members, Karen Diel, Louis Melton, Tab Wilkerson, Rick Hixon, Veronica Tappin, and Adrin Williams; Letha L. Heckford, in her Official Capacity as a Morehouse Elementary School Teacher

Louisiana Court of Appeal · May 21, 2025

Gray also claimed that the petition failed to establish why Ms. … The immunity from liability established by this Section shall not apply to any action or statement by a school employee that was maliciously, willfully, and deliberately intended to cause bodily

Scaglione v. Juneau

2010 La.App. 4 Cir. 1109 · Louisiana Court of Appeal · Aug 4, 2010

Because we conclude that the trial judge is not clearly wrong in his factual finding that Ms. Juneau had sufficiently established her domicile in St. … Those two pieces of evidence clearly show that Mr. Richmond continued to consider the ⅛809 Eastview Drive as his “principal establishment” at least through September 9, 2003.

Matherne v. Louisiana State

District Court, E.D. Louisiana · Mar 27, 2020

immunity. … Plaintiff, again, asserts his petition stated a claim for relief against Hill because Hill did not have qualified immunity and because Hill violated Plaintiff’s constitutional rights. Plaintiff 4 See Austin v.

Fisk v. Warmack

486 So. 2d 203 · Louisiana Court of Appeal · Mar 25, 1986

App. 3rd Cir.1962), establishes the rule that a publication enjoys a qualified or conditional privilege if made (a) in good faith; (b) on any subject matter in which the person communicating has an interest or in reference … We find no manifest error in the trial judge's ruling that defendants had established the qualified privilege.

Montegut v. Louisiana State Board of Dentistry

55 So. 2d 58 · Louisiana Court of Appeal · Nov 15, 1951

He stated that he established an office on Touro Street and practiced for some ten years, that in the year 1926 (1925) a suit was instituted by Dr. … “The rule is similarly stated in American Jurisprudence Volume 34, Mandamus, paragraph 189, and our courts have been uniform in holding that those seeking to obtain relief by writ of mandamus must clearly establish that the

Ussery v. Hanover Insurance Co.

222 So. 2d 535 · Louisiana Court of Appeal · Apr 29, 1969

Globe Indemnity, stating that: “The Supreme Court considered the rule too well established to require citation of authorities that an insurance company, which has paid a claim and taken a subrogation, has no right of action … The word “insured” is qualified in Part III (the collision insurance portion) as follows: “ ‘insured’ means (a) with respect to an owned automobile, (1) the named insured * * * (b) with respect to a non-owned automobile,

Johnson v. Gusman

District Court, E.D. Louisiana · May 13, 2020

Qualified immunity protects government officials from civil liability so long as their conduct “‘does not violate clearly established statutory or constitutional rights of which a reasonable … and (2) that the right was clearly established at the time of the challenged conduct.

Waring v. Travelers Insurance Co.

2004 La.App. 4 Cir. 1123 · Louisiana Court of Appeal · Jan 12, 2005

The State’s motion was based primarily on the Equine Immunity Statute, La. R.S. 9:2795.1, which provides immunity for certain persons providing equine activities. … As for the State, the trial court found that it was immune from liability: The court’s complete reading of the Louisiana Equine Immunity Statute leads it to conclude that the statute was intended to provide immunity to individuals

State v. Smith

687 So. 2d 529 · Louisiana Court of Appeal · Dec 30, 1996

The following two things were clearly established: (1) Mrs. Murphy did not discuss the case with anyone at the hospital, nor did she receive any outside information regarding the case and (2) Mrs. … The usual requirements that need to be established for a witness to qualify as an expert include: educational experience, law enforcement training, previous expert testimony, and practical experience or scientific knowledge

City of Shreveport v. Schulsinger

113 La. 9 · Supreme Court of Louisiana · May 23, 1904

business in which the defendants are engaged, and that the ordinance is in contravention of the fourteenth *13 amendment to the Constitution of the United States, “in that it seeks to abridge and destroy the privilege and immunity … probable effect of the ordinance is that of the two witnesses who are interested in the business to which it applies; but they do not testify to facts, they merely give their opinions upon a matter .in which they are not qualified

Hollan v. Police Jury of Webster Parish

134 So. 2d 132 · Louisiana Court of Appeal · Oct 26, 1961

Ware and Vardeman Yates, qualified electors of Ward Two of Webster Parish, and operators of retail liquor establishments situated in the incorporated Towns of Cullen and Springhill, Louisiana, have instituted this action … In view of the ruling it clearly appears it would be improper for a Police Jury to call an election for less than an entire ward.

Henderson v. Board of Supervisors of Southern University

District Court, M.D. Louisiana · Jul 8, 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 … Accordingly, the Court must stay all discovery with respect to the defendants who have raised the defense of qualified immunity, even discovery pertaining to claims to which the qualified immunity defense does not apply

Leet v. Cotone

District Court, W.D. Louisiana · Mar 11, 2025

“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 a reasonable … For this reason, they argue that their alleged conduct in 2018 and 2019 could not have violated a “clearly established right” such as would defeat qualified immunity. (Rec. Doc. 4-1 at pp. 3–4).

Foster v. Patwardhan

132 So. 3d 495 · Louisiana Court of Appeal · Jan 22, 2014

Patwardhan clearly breached the standard of care, and this breach was the proximate cause of the damages suffered by Foster. Dr. … Because there is clearly a factual dispute as to whether Foster truly suffers from a right foot drop, summary judgment on statutory damages is improper.

Reynolds v. Anderson

District Court, W.D. Louisiana · Jul 28, 2025

“Qualified immunity shields an officer from liability if his ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Benavides v. … “To overcome qualified immunity, the plaintiff must show ‘(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.’” Id.

Johnson v. Tregle

8 So. 2d 755 · Louisiana Court of Appeal · Jun 29, 1942

these witnesses as to what did in fact occur, and with due regard to the decision of the learned district judge, we have reached the opinion that the proof of the accident, with its attending injuries, as claimed, has been clearly … established.

Graves v. Cain

District Court, M.D. Louisiana · Apr 19, 2021

While the Court did address Defendants’ qualified immunity defense, it was in the context of a Motion to Dismiss. See (Doc. 43). … Defendants have re-urged their qualified immunity defense on summary judgment and argue that Plaintiff has failed to establish or point to specific facts in the record that support the allegations in Plaintiff’s pleading

Patty v. Christus Health Northern La.

794 So. 2d 124 · Louisiana Court of Appeal · Aug 22, 2001

and not qualified, to the same extent that prescription is suspended against the party or parties that are the subject of the request for review. … Clearly, the legislature intended that a request for review be filed with the Division of Administration rather than with the Board as a wholly separate entity.