Case law

Ruffin v. Wal-Mart Stores, Inc.

2001 La.App. 1 Cir. 0613 · Louisiana Court of Appeal · May 10, 2002

The jurisprudence establishes that communications between an employer and the Department of Employment Security generally enjoy a qualified privilege. Kelly v. West Cash & Carry Bldg. … That remark clearly satisfies the above requirements for a qualified privilege, and Ruffin has not affirmatively established that she can produce sufficient evidence at trial to prove with convincing clarity her claim of

Williamson-Dickie Apparel Manufacturing Co. v. Hanger, Inc.

422 So. 2d 602 · Louisiana Court of Appeal · Nov 12, 1982

No statutes establish those acts which do constitute transacting business within the state. … The failure of plaintiff to qualify and amend resulted in the dismissal and appeal. The jurisprudence clearly reflects that the exception should be construed as one of lack of procedural capacity.

Gentry

District Court, E.D. Louisiana · Sep 2, 2026

Qualified Immunity Qualified immunity is an affirmative defense that protects public officials sued for violations of constitutional rights. … ‘clearly established’ at the time of the alleged violation.”

Quatrevingt v. Landry

District Court, E.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 a reasonable … Plaintiff has not pointed to any clearly established law that suggests that this reliance is not objectively reasonable.

Byrd v. ST. HELENA PARISH POLICE JURY

207 F. Supp. 2d 516 · District Court, M.D. Louisiana · Oct 22, 2001

Should the court seek to determine or establish whether the defendant is entitled to absolute or legislative immunity, the court would violate the purpose and function of Fed.R.Civ.P. 12(b)(6). … Having established the foregoing, the question of whether the defendant is entitled to absolute or legislative immunity is not properly before the court because that would be a direct attack or defense upon the merits of

Hardy v. Bowie

744 So. 2d 606 · Supreme Court of Louisiana · Sep 8, 1999

If the employee had no discretion or choice as to appropriate conduct, there is no immunity. … For the following reasons, clearly, the officers were reasonably discharging their duty when Bowie fired the fatal shot.

Costello v. Hardy

864 So. 2d 129 · Supreme Court of Louisiana · Jan 21, 2004

Costello's suit was filed. *148 In conclusion, therefore, we find that the record fails to establish the element of malice and that the trial court was clearly wrong in finding to the contrary. … The record clearly establishes the intentions of Joseph's brothers: to break Joseph's will or to deplete the estate to significantly reduce the endowment to Loyola University, and if that failed, to seek redress from Mr.

State v. Johnson

443 So. 2d 744 · Louisiana Court of Appeal · Dec 9, 1983

Her testimony also established that she made a complaint that she had been raped. … Troxler was qualified as an expert in the field of medicine. Defendant contends that Dr.

Huddleston

District Court, W.D. Louisiana · Feb 2, 2026

right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’”72 The two steps of the qualified immunity inquiry may be performed in any order.73 The qualified … Huddleston did not make the requisite showing that the stop violated a clearly established right, Deputy Cloud is entitled to qualified immunity.

Roberson v. Arcadia Healthcare Center, Inc.

850 So. 2d 1059 · Louisiana Court of Appeal · Jul 9, 2003

The PCF also objected on the basis that the plaintiffs failed to produce facts sufficient to establish the healthcare provider's status as a qualified healthcare provider. … Upon satisfaction of *1066 these three basic requirements, a certificate of enrollment is issued, and this certificate establishes the health care provider to be a qualified health care provider under the MMA.

Kador v. Gautreaux

District Court, M.D. Louisiana · Apr 26, 2023

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 … a defense of qualified immunity without prejudicing the defendants who have raised the defense of qualified immunity.

Frank v. Parnell

District Court, W.D. Louisiana · Jun 13, 2022

light of clearly established law at the time of the violation.” … not] ‘objectively unreasonable in light of clearly established law.’”

Byrd v. STATE THROUGH DEPT. OF PUBLIC SAFETY

637 So. 2d 114 · Supreme Court of Louisiana · May 23, 1994

established in the medical literature. … Agrawal, the isolated statements do not establish, more probably than not, that Byrd had herpetic rather than ulcerative colitis in January 1987, and that the removal of his colon would not have been necessary if Dr.

Nomey v. State

315 So. 2d 709 · Supreme Court of Louisiana · Jun 9, 1975

Plaintiffs contend that these provisions of the Act, applicable in certain aspects only to certain enumerated parishes, offend the privileges and immunities clause and the equal protection clause of the federal constitution … : PETITION TO: The undersigned qualified electors respectfully request that you call an election to submit, in the manner provided by law, to the qualified electors of the parish of__________________, or of Ward__________

Vega v. Gusman

District Court, E.D. Louisiana · Mar 29, 2022

Defendants’ Motion for Summary Judgment on the Issue of Qualified Immunity. … from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”44 Qualified immunity balances two important

Parker v. Louisiana Forestry Commission

359 So. 2d 252 · Louisiana Court of Appeal · May 1, 1978

. *254 Although Houston General does not entirely concede the point, the testimony of the treating physician and a doctor called by the defendant clearly established that plaintiff’s disability after November 1976 was a direct … Defendant’s well-qualified witness never examined the plaintiff and the hypothetical questions posed to him did not coincide in all respects to the established facts.

Gibson v. State

98 La.App. 4 Cir. 1100 · Louisiana Court of Appeal · Feb 24, 1999

Although we agree with West that non-litigant/non-party witnesses enjoy absolute immunity, we do not find that West is a non-litigant witness. … Nonetheless, after reviewing all of the evidence, we do not find this misrepresentation of the facts establishes that the trial court was clearly wrong in concluding that the police did not have probable cause to arrest Gibson

Rigdon v. Pittsburgh Tank & Tower Co.

682 So. 2d 1303 · Louisiana Court of Appeal · Nov 8, 1996

Clearly, in this case, Pittsburgh meets the requirements of this article and therefore shall be treated as a domiciliary of Louisiana. … Here, we find that the application of Louisiana law to the issue of defendants' immunity is appropriate under LSA-C.C. art. 3542.

State v. Amato

698 So. 2d 972 · Louisiana Court of Appeal · Jun 30, 1997

When the trial resumed, the prosecutor declined to grant immunity to Mr. Shelton, indicating he was unprepared to grant blanket immunity when he did not know how often this type of transaction had occurred. … Evidence that is not otherwise admissible in rebuttal may be introduced if it qualifies as impeachment evidence.

Perron v. Travis

District Court, M.D. Louisiana · Mar 29, 2021

Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established … Whether Baudoin or Wilson Violated a Clearly Established Right The Court now turns to the second prong of the qualified immunity analysis— whether the right