Case law

State v. Green

471 So. 2d 292 · Louisiana Court of Appeal · Jun 5, 1985

However, after the state granted her immunity from prosecution she testified at Green’s trial. … However, the Smith court clearly recognized that such testimony is generally not allowed, and that each case must be decided within the boundries of its own facts.

Norris v. Gould

854 So. 2d 448 · Louisiana Court of Appeal · Sep 5, 2003

Grisaffe sought election to the Iberia Parish Council, a parish governing body established by a home rule charter. … Section 4(B) clearly contemplates *451 the office seeker moving from the old district to the new, as his seat shall be vacated if he is not residing in the district he represents when he is sworn into office.

Asante-Chioke v. Dowdle

District Court, E.D. Louisiana · Aug 31, 2023

“Section 1983 claims implicating qualified immunity are subject to the same Rule 8 pleading standard set forth in Twombly and Iqbal as all other claims; an assertion of qualified immunity in a defendant's answer … to draw a reasonable inferences as to Dowdle’s liability and qualified immunity.

State of Louisiana v. Darius Tyrese Persley

Louisiana Court of Appeal · Dec 17, 2025

The record clearly refutes this contention. … Clearly, the defendant cannot be allowed to take advantage of his co- defendant’s favorable statement, then cry “foul” that the prosecution had to do damage control in its rebuttal.

Conoco Inc. v. Boh Bros. Construction Co.

191 F.R.D. 107 · District Court, W.D. Louisiana · Jul 10, 1998

Work Product Immunity “The work-product doctrine is a judicially created immunity to prevent a party to a lawsuit from receiving the benefits of an opposing counsel’s preparations for trial.” … In support of its assertion of privilege, Conoco does not clearly separate its assertion of attorney-client privilege from work product immunity.

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.

Ex parte Plessy

45 La. Ann. 80 · Supreme Court of Louisiana · Jan 15, 1893

The whole gravamen of relator’s plea is contained in the fourteenth ground, which is as follows: “That the statute in question establishes an insidious distinction and discrimination between citizens of the United States … So far as the thirteenth amendment is concerned its application to this statute may be at once eliminated because the Supreme Court of the United'States has clearly decided that it does refer to rights of the character here

Nevarez v. Coleman

District Court, E.D. Louisiana · Aug 8, 2023

immunity and therefore should not be subjected to discovery burdens until the issue of qualified immunity is resolved by the Fifth Circuit. … 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

Bonvillain v. Terrebonne Parish Consolidated Government

District Court, E.D. Louisiana · Jun 24, 2025

Qualified Immunity “Qualified immunity protects government officials from liability for damages when they violate the law, but nonetheless reasonably could have believed that … Defendants are entitled to qualified immunity on Bonvillain’s conspiracy claims because she cannot prove an underlying constitutional injury.

David Benton and Ashlie Downey v. State of Louisiana, Through Department of Children and Family Services and the Department of Transportation and Development, Ashley A.Shields and Ronnie R. Roundtree

Louisiana Court of Appeal · Aug 13, 2021

Shields on the issue of immunity pursuant to La. R. … Louisiana courts have found the following activities qualify as emergency preparedness activities" under La. R.

Touchard v. Williams

606 So. 2d 927 · Louisiana Court of Appeal · Dec 21, 1992

with any other person for damages attributable to the fault of such other person, including the person suffering injury, death, or loss, regardless of such other person's insolvency, ability to pay, degree of fault, or immunity … It is more consistent with the general principle that statutes in derogation of judicially-established rights of long standing are to be strictly construed, i.e., are to be `given the effect which makes the least rather than

Bledsoe v. Willis

District Court, W.D. Louisiana · Apr 15, 2024

the scope of their discretionary authority based upon a good faith belief in the correctness of their actions, and all actions taken were objectively reasonable in light of clearly established law at the time of the conduct … The court finds that the answer gives fair notice to Plaintiff of the qualified immunity defense, and the fact that the Rule 12(b)(6) challenge based on qualified immunity did not prevail does not mean that the defense

Gray v. Louisiana Department of Public Safety & Corrections

District Court, M.D. Louisiana · Mar 8, 2023

“In determining whether an official enjoys immunity, we ask (1) whether the plaintiff has demonstrated a violation of a clearly established federal constitutional or statutory right and (2) whether the official's actions … Second Prong: Unreasonable under Clearly Established Law “Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Ogbonnaya John Nwoha v. State of Louisiana through Grambling State University; and the Board of Supervisors for the University of Louisiana System

Louisiana Court of Appeal · May 21, 2025

Based on our de novo review of the record, we find plaintiff failed to present any evidence to establish defendants did not follow procedures established for termination of a tenured faculty member. … R.S. 9:2798.1, and finding the Board had qualified immunity.

Dunn v. City of Eunice

District Court, W.D. Louisiana · Mar 28, 2024

defense of qualified immunity is available to protect defendants “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … immunity.’"57 Fontenot has now alleged that he is entitled to qualified immunity.

Loustalot v. Rice

764 F. Supp. 1080 · District Court, M.D. Louisiana · May 17, 1991

Defendants claim that they made a lawful arrest under a valid warrant issued by an impartial magistrate, or, if there was some defect in the matter, that they are shielded by qualified immunity. … It is equally well established, however, that an officer who knowingly does not place all the facts before the neutral intermediary cannot thereafter rely upon qualified immunity to absolve himself of liability. Hand v.

Khammash v. Clark

145 So. 3d 246 · Supreme Court of Louisiana · May 7, 2014

In 1975, the Legislature enacted the MMA, La.Rev.Stat. § 40:1299.41 et seq., to establish a framework for compensating persons who are injured as a result of medical malpractice committed by qualified health care providers … The petition expressly noted, although some of the named defendants were qualified healthcare providers for whom claims first had to be reviewed by a medical review panel, other defendants were not such qualified providers

Deer Enterprises, LLC v. Parish Council of Washington Parish

56 So. 3d 936 · Supreme Court of Louisiana · Jan 19, 2011

Although it grants an exemption from, or immunity to, § 583(A) and § 583(B), it does not create an exception to a duty because the effect of local referenda is not a duty. It does not immunize any actors from liability. … The trial court was clearly wrong in ruling the amendment violates the plaintiffs equal protection rights.

Calvin Dale Miller v. Village of Hornbeck

Louisiana Court of Appeal · May 11, 2011

Our review of the record indicates that the trial court did not expressly discuss the issue of qualified immunity, but, implicitly, it did not find the officers were entitled to qualified immunity. … Government officials are entitled to qualified immunity when performing discretionary functions. McManus v.

First Investment Corp. v. Fujian Mawei Shipbuilding, Ltd.

858 F. Supp. 2d 658 · District Court, E.D. Louisiana · Mar 12, 2012

“FSIA immunity is immunity not only from liability, but also from the costs, in time and expense, and other disruptions attendant to litigation.” Id. … FIC has not alleged facts establishing a nexus between particularized government activities and the management of the Fujian respondents sufficient to establish the requisite level of control.