Case law

Ferguson v. Gates

District Court, W.D. Louisiana · May 12, 2022

The doctrine of qualified immunity insulates government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Qualified immunity is an immunity from suit rather than a mere defense to liability and is effectively lost if a case is permitted to go to trial, thus qualified immunity questions should be resolved through summary judgment

Eskine v. Regional Transit Authority

531 So. 2d 1159 · Louisiana Court of Appeal · Sep 16, 1988

Evidence and testimony at trial establishes that Eskine suffered less than five percent permanent disability. … The employer paid worker's compensation benefits to the employee and was therefore immune.

Mulina v. Item Co.

217 La. 842 · Supreme Court of Louisiana · Jun 30, 1950

reader, after reading the explanatory item along with the pictures and the headline would see that neither expressly nor by implication was the plaintiff one of the indictees in the case, nor could they say (and this was clearly … what he wrote was no libel, and will not bear the construction which the plaintiff seeks to put upon it, he may give in evidence any other passages in the same publication which plainly refer to the same matter or which qualify

Trask v. St. Tammany Parish Sheriff's Office

District Court, E.D. Louisiana · Mar 12, 2020

Qualified Immunity for Deputies in Their Individual Capacities Defendants contend Deputies Wilson, Maki, and McCarra are entitled to qualified immunity.23 Under the doctrine of qualified immunity, public officials … qualified immunity must show: “(1) injury (2) which resulted directly and only from a use of force that was clearly excessive, and (3) the excessiveness of which was clearly unreasonable.”27 “The ‘reasonableness’ of a particular

Sepulvado v. Sweet

District Court, W.D. Louisiana · Aug 18, 2025

The three defendants each assert qualified immunity in addition to their Rule 12(b)(6) challenge. … 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. Whitley v.

Hobbs

District Court, W.D. Louisiana · Dec 1, 2025

to medical care for the purposes of qualified immunity. , 35 F.4th 945, 951–52 (5th Cir. 2022) (finding that a pretrial detainee's Fourteenth Amendment right to medical care was clearly established … established).

Williams v. Police Jury of Concordia Parish

160 La. 325 · Supreme Court of Louisiana · Jan 4, 1926

The motion to elect should have been overruled, as plaintiffs clearly had the right to allege all of the grounds of attack upon the resolutions apportioning said funds, and to be heard as to" all of such grounds as a whole … The authority of police juries to lay out, establish, build, and maintain public roads within the limits of their respective parishes is admitted.

Pennington v. Ochsner Clinic Found.

245 So. 3d 58 · Louisiana Court of Appeal · Apr 25, 2018

Frangipane, as a general surgeon, clearly does not practice in the precise medical fields of the various defendants, he nevertheless was qualified to testify in this case. … Case law clearly allows for physicians to testify in fields other than their own, when there is sufficient knowledge of the requisite subject matter. In Soteropulos v. Schmidt , 556 So.2d 276 (La.

Bunge Corp. v. Secretary of Dept. of Rev.

419 So. 2d 1288 · Louisiana Court of Appeal · Aug 30, 1982

Domingue, 365 So.2d 1330 *1291 (La.1978), the Supreme Court clearly stated that there must be ... a reasonable factual basis for the finding in the trial court; there must be a further determination that the record establishes … that the finding is not clearly wrong (manifestly erroneous).

Kelty v. Brumfield

633 So. 2d 1210 · Supreme Court of Louisiana · Mar 8, 1994

Further, the MMA and the MLSSA must be strictly construed because they grant immunities or advantages to special classes in derogation of the general rights available to tort victims. Galloway v. Baton Rouge Gen. … Peremptory grants and orders are generally reserved for clear-cut cases involving well established principles of law.

Perron v. Travis

District Court, M.D. Louisiana · Sep 28, 2023

Reinert, Qualified Immunity’s Flawed Foundation, 111 CAL. L. REV. 201 (2023). Restored to its proper place, this clause “unequivocally negate[s] the original interpretive premise for qualified immunity.” See Rogers v. … Plaintiff has also carried her burden to show that the law was clearly established at the time Deputy Wilson used deadly force against Flowers, and Deputy Wilson’s qualified immunity defense fails.

Jamie Johnson in her capacity as tutor for R.C., a minor child v. Randy Smith, et al.

District Court, E.D. Louisiana · Dec 18, 2025

established’ prong of qualified immunity does not transform [p]laintiff’s claims into frivolous ones.”27 Plaintiff also argues that this Court cannot 21 R. … established” such that defendants were not entitled to qualified immunity—not because plaintiff’s claims were “groundless.”30 Plaintiff’s claims did not lack a basis in fact.

Newsome-Goudeau v. State of Louisiana

District Court, W.D. Louisiana · Sep 22, 2020

Nonetheless, the doctrine of qualified immunity shields government officials from liability for claims against them in their individual capacities “insofar as their conduct does not violate clearly established statutory … Because Plaintiff has failed on the first prong of the qualified immunity analysis, the Court need not proceed to the next prong to determine whether the right was clearly established at the time of Goodwin’s alleged misconduct

Cavalier v. The Louisiana Department of Public Safety & Corrections (Office of State Police)

District Court, M.D. Louisiana · Aug 17, 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 … The Fifth Circuit has clarified that all discovery involving a defendant raising the defense of qualified immunity must be stayed until resolution of the defense of qualified immunity: The Supreme Court has now made clear

Smith v. Parish Democratic Executive Committee

164 La. 981 · Supreme Court of Louisiana · Nov 30, 1927

Clearly the purpose of all this is to exclude from participation in party primaries whether as voters or candidates, all who have not established their right to vote by registration according to law, and, beyond that, to … Accordingly we must hold that the plaintiff not having timely registered and declared his party affiliation was not duly qualified to be a candidate, and that the decision of the committee and of the district court-was right

Moody v. United Nat. Ins. Co.

657 So. 2d 236 · Louisiana Court of Appeal · May 10, 1995

The defendants tendered this amount as the doctor's maximum liability to the Moodys, asserting that the tender established Dr. … The court found that the statute violated Louisiana's constitutional prohibition against sovereign immunity.

Jones v. Wesley

424 So. 2d 1109 · Louisiana Court of Appeal · Dec 21, 1982

Defendant pleaded qualified privilege as an affirmative defense. … "It is well established that if the alleged defamatory remark is accusation of the commission of a crime, the remark is defamatory per se, and falsity and malice are presumed.

State ex rel. Duffel v. Marks

30 La. Ann. 97 · Supreme Court of Louisiana · Jan 15, 1878

and professors, but once that appointment has been made, that power is exhausted, unless a vacancy occurs, and once they receive their appointments, the independent and exclusive powers and duties of the professors are as clearly … established aDd defined as those of the administrators themselvfes, of whom as to these powers the faculty is as independent as is the Board of Administrators of them.

Price v. Brittain

684 F. Supp. 1345 · District Court, M.D. Louisiana · Apr 6, 1988

Nor was there any evidence clearly establishing the extent of defendants’ knowledge relating to reporting of drug pushing. … Nevertheless, the court finds that defendants are entitled to qualified immunity since their conduct did not violate “clearly established” due process rights “of which a reasonable person would have known.” Harlow v.

Chamber of Greater Baton Rouge v. United States Environmental Protection Agency

323 F. Supp. 2d 769 · District Court, M.D. Louisiana · Jun 18, 2004

The commentators explain sovereign immunity. … These statements are direct challenges to *774 regulations adopted by EPA and the Administrator, actions which are clearly final actions.