Case law

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.

Ambrose v. New Orleans Police Amb. Serv.

639 So. 2d 216 · Supreme Court of Louisiana · Jul 5, 1994

Plaintiffs were required to prove gross negligence, not negligence alone, because of the qualified statutory immunity afforded emergency medical technicians by R.S. 40:1235. … The court gave no further explanation of the qualified immunity extended to EMTs and no explanation or instruction on gross negligence.

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.

Mitchell v. Villien

2008 La.App. 4 Cir. 1470 · Louisiana Court of Appeal · Aug 26, 2009

The qualified immunity protection applies whether the speaker is a private individual such as Dr. Villien, or the media. … Mitchell must meet to establish the abuse of privilege was clearly expressed in Kennedy .

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.

Blanchard v. Newton

865 F. Supp. 2d 709 · District Court, M.D. Louisiana · Jun 7, 2012

Eleventh Amendment Immunity The Eleventh Amendment prohibits an individual from suing a state in federal court, “unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity … principles of sovereign immunity by suing a state official, in his official capacity, while clearly seeking retroactive monetary relief that would require the State of Louisiana to act, out of the public treasury, to satisfy

Farria v. BONNE TERREBONNE OF HOUMA, INC.

476 So. 2d 474 · Louisiana Court of Appeal · Oct 8, 1985

An employer's immunity is based on the defense of qualified privilege, which requires that the communication be made in good faith regarding a subject in which the person communicating has an interest or in reference to which … Plaintiff clearly has a right of action, since she is the person allegedly defamed.

Rambo v. Morehouse Parish School Board

37 F. Supp. 2d 482 · District Court, W.D. Louisiana · Jan 19, 1999

The argument for qualified immunity is similarly flaccid. … But that has nothing to do with qualified immunity. As defendants were not immune from the initial suit, they cannot be qualifiedly immune from enforcement of the order. 3.

Matter of Frazier

594 F. Supp. 1173 · District Court, E.D. Louisiana · Sep 13, 1984

The certificates state that Frazier is qualified to practice in the courts of this state, not that he is qualified to practice in all courts located in this state. … Yet Local Rule 21.2 requires only that a nonresident attorney admitted to practice in Louisiana must establish an office in Louisiana in order to qualify for admission to the Eastern District bar.

Hidalgo v. Wilson Certified Exp., Inc.

676 So. 2d 114 · Louisiana Court of Appeal · May 14, 1996

of a qualified health care provider. … This document establishes that Acadian was a qualified health care provider. Having proved this ultimate fact, it was unnecessary for Acadian to prove it was an "ambulance service." B.

Oladipupo v. Austin

104 F. Supp. 2d 626 · District Court, W.D. Louisiana · Apr 24, 2000

Qualified Immunity Ail defendants contend that they are protected from liability on the basis of qualified immunity. … Qualified immunity protects officials in the course of performance of their discretionary duties unless their conduct violates a “clearly established [federal] statutory or constitutional right[ ] of which a reasonable person

Snell v. Stein

201 So. 2d 876 · Louisiana Court of Appeal · Sep 29, 1967

officers and employees when functioning in a governmental capacity, is clearly without merit * * *." … Parish Council, the Parish of Jefferson, its departments, agencies, districts and/or officers may have in connection with any immunity from suits established or provided for by the constitution or laws, past, present and

Goudeau v. East Baton Rouge Parish School Board

951 F. Supp. 2d 874 · District Court, M.D. Louisiana · Jul 31, 2012

Defendants contend they are entitled to qualified immunity on all claims. … of clearly established constitutional law.” 55 “[T]he qualified immunity standard ‘gives ample room for mistaken judgments’ by protecting ‘all but the plainly incompetent or those who knowingly violate the law.’ ” 56 *887

Batson v. South Louisiana Medical Center

727 So. 2d 613 · Louisiana Court of Appeal · Dec 28, 1998

Qualified health care provider status is not an affirmative defense. It is merely a limitation on liability. … According to the Court, in prohibiting immunity from liability as well as from suit, the framers of Article XII, Section 10(A) clearly intended that the state not be afforded substantive defenses, unavailable to private litigants

Blackwell v. Blackwell

479 So. 2d 1085 · Louisiana Court of Appeal · Dec 18, 1985

Blackwell's claim of qualified immunity. To the contrary, the Sheriff of Sabine Parish testified that he advised him that this was a family matter. Mr. … The record is bare of any evidence that any attorneys or public officials advised him to file criminal charges; therefore, he is not entitled to qualified immunity.

Buchanan v. Alexander

284 F. Supp. 3d 792 · District Court, M.D. Louisiana · Jan 10, 2018

Qualified Immunity Defendants also move for summary judgment on claims brought against them in their individual capacities on the assertion of the qualified immunity defense. … immunity for disciplining Vega: [T]he Defendants could reasonably believe that in disciplining Vega for not exercising professional judgment to terminate the episode, they were not violating his clearly established First

State v. Curry

262 La. 280 · Supreme Court of Louisiana · May 18, 1972

Clearly, no racial discrimination was practiced in the selection of the names from the Registration Rolls for the general venire. No racial discrimination occurred in the formation of the petit jury venire or panel. … immunity. 3 Since the prosecutor had announced the grant in open court, other witnesses were available to establish the grant of immunity, if testimony other than the admission of David Crew were desired.

Folse v. Delgado Community College

776 F. Supp. 1133 · District Court, E.D. Louisiana · Oct 29, 1991

Qualified Immunity. The individual defendants herein argue that they are protected by qualified immunity. An official is protected by qualified immunity if his actions were reasonable under the law. Anderson v. … Holladay, 133 F.R.D. 487, 495 (S.D.Miss.1990) stating: Once a section 1983 plaintiff establishes that the law defining the allegedly violated right was clearly established at the time of the alleged violation, the qualified

Labranche v. Fatty's, LLC

2010 La.App. 1 Cir. 0475 · Louisiana Court of Appeal · Oct 29, 2010

Furthermore, immunity statutes must be strictly construed against the party claiming the immunity. Weber , 93-0062 at 8, 635 So.2d at 193 . … Labranche clearly had no interest in judicially enforcing the right asserted against Super Stop. See La.Code Civ. P. art. 927 A(6).

West v. Congemi

28 F. Supp. 2d 385 · District Court, E.D. Louisiana · Nov 23, 1998

by the defendant was “clearly established” at the time the defendant acted. … The final step in a determination of qualified immunity is whether the constitutional right asserted by the plaintiff to have been violated by the defendant was “clearly established” at the time the defendant acted.