Case law

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.

State ex rel. Department of Highways v. Williams

170 So. 2d 152 · Louisiana Court of Appeal · Dec 14, 1964

It suffices to say that the valuation fixed is justified upon the general principles of comparable sales and highest and best use which have been too well established by our courts to necessitate citation. … In the case before us, we think all of the witnesses for both parties have shown themselves to be qualified to express opinions as to value, but, as above noted, we are of the opinion that the witness, Babb, clearly demonstrated

Haas v. Board of Com'rs of Red River

206 La. 378 · Supreme Court of Louisiana · Jun 26, 1944

The sole point presented by the defendants before this Court is that acquisitive prescription under Article 3478, R.C.C., does not run against the Levee District because it is an agency of the State, which is immune from … Since it was clearly established that the plaintiffs’ rights or prescriptive titles were acquired prior to 1921, neither the above referred to section of the Constitution nor act of the Legislature are applicable here.

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.

State v. Dorsey

763 So. 2d 21 · Louisiana Court of Appeal · Apr 19, 2000

He said he and defendant went to Victoria Dorsey's residence, and to City Hall to pick up some immunization papers. … Officer Joseph testified that he did not view the activity as suspicious, but as establishing probable cause to arrest.

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.

Ezell v. General Motors Corp.

446 So. 2d 954 · Louisiana Court of Appeal · Mar 7, 1984

The issue on appeal is whether plaintiff carried his burden of proof in establishing the existence of a defect. … The trial judge qualified Bottiglia, not only as an expert in mechanical engineering, but also as an expert in the cause and origin of fires.

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.

In re Combustion, Inc.

161 F.R.D. 51 · District Court, W.D. Louisiana · Jan 5, 1995

The rationale underlying the conclusion reached by these courts is that the work product doctrine is not a substantive privilege within the meaning of Rule 501; instead, it is a device providing qualified immunity from discovery … Clearly, federal interests here are strong. Thus, Finch seems to provide further support for the application of federal privilege law as well.

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.

State v. Carter

347 So. 2d 236 · Supreme Court of Louisiana · Jun 20, 1977

Although he had never been qualified as an expert in the field of drug trafficking, he had been qualified as an expert on controlled dangerous substances on several occasions. … Thus, the experts were accepted in a clearly defined *238 area which was not vague and which was appropriate for expert opinion.

Dumas v. Angus Chemical Co.

729 So. 2d 624 · Louisiana Court of Appeal · Jan 13, 1999

R.S. 9:2771 provides immunity to Grinnell. PSC argues that Grinnell is not immune from liability on two grounds. First, PSC asserts that La. … R.S. 9:2771 immunizes contractors who construct work according to plans or specifications furnished to him.

Scott v. State of Louisiana

District Court, E.D. Louisiana · Jun 9, 2020

Under the doctrine of qualified immunity, public officials are shielded from liability for civil damages “unless the official violated a statutory or constitutional right that was clearly established at the time of the … “To overcome the immunity defense, the complaint must allege facts that, if proven, would demonstrate that [the defendant] violated clearly established statutory or constitutional rights.” Wicks v. Miss.

State v. Brown

221 La. 394 · Supreme Court of Louisiana · Apr 28, 1952

by counsel for defendant, he was again. informed by the court that he might answer those but shortly thereafter the court again cautioned him •that he need not answer adding its own observation that the witness was not qualified … We conclude therefore that under the authorities cited, counsel for the witness, Claude Wilson, had no right to interpose any objection nor to claim the privilege of immunity on his behalf and further that the trial judge

Bush v. National Health Care of Leesville

939 So. 2d 1216 · Supreme Court of Louisiana · Oct 17, 2006

Our decision establishes a new principle of law by overruling clear past precedent on which litigants have relied. … The first Lovell factor focuses on whether the decision establishes a new principle of law by overruling "clear past precedent on which litigants have relied."

Veazey v. State Farm Mut. Auto Ins.

587 So. 2d 5 · Louisiana Court of Appeal · Aug 7, 1991

Before an appellate court can disturb a quantum award, the record must clearly reveal that the trier of fact abused its discretion in making the award. … With reference to point one, the record establishes that plaintiff was at least qualified to do minimum wage work, even if only as a car-hop at a drive-in fast food place.

Red Stick Studio Development, L.L.C. v. State Ex Rel. Department of Economic Development

56 So. 3d 181 · Supreme Court of Louisiana · Jan 19, 2011

The State argues the use of the past tense in “qualify for tax credits earned on expenditures” clearly suggests that credits must be actually earned. … Red Stick argues that “application” as used in Section 3(C) clearly means the filing submitted to obtain certification.

Quinlan v. Jefferson Parish Sheriff's Office

District Court, E.D. Louisiana · Apr 25, 2023

Thus, an “officer will be entitled to qualified immunity if no constitutional violation occurred or if the conduct ‘did not violate law clearly established at the time.’” Davis v. … Defendants are therefore entitled to qualified immunity, as a claim that is “expressly not recognized is the antithesis of a clearly established one.” Watts v. Northside Indep. Sch.

Stewart v. Office of Student Financial Assistance

98 La.App. 1 Cir. 2057 · Louisiana Court of Appeal · Nov 5, 1999

In so contending, OSFA suggests that Human Resource Director Margaret Webb’s testimony 3 establishes that the Customer Services Division Director position was one for which Stewart was not qualified. … However, we cannot lflsay the Commission’s factual determination is clearly wrong on this point.

Palay v. Beech Holdings, Inc.

627 F. Supp. 144 · District Court, M.D. Louisiana · Sep 24, 1985

This evidence clearly established that Palay’s employment was for an indefinite period, i.e., until a successor was elected and qualified. … Beech has further established that a successor was elected and qualified on May 23, 1983. *147 After considering this evidence set forth by Beech, the Court finds that Beech has discharged its burden of establishing that