Case law

Ozen v. Abraham

566 So. 2d 1048 · Louisiana Court of Appeal · Aug 20, 1990

The sole issue presented by the appeal is whether the defendant is qualified to be a candidate for the public office he seeks. … For these reasons, we do not find that the trial court was manifestly in error or clearly wrong in finding that defendant was not qualified by law to be a candidate for the St. Martin Parish School Board for District 7.

David

District Court, W.D. Louisiana · Jun 26, 2026

Qualified Immunity Having been sued in his individual capacity, Officer Ellender pleads the defense of qualified immunity, which shields government officials … performing discretionary functions from liability for civil damages if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Wingfield v. State ex rel. Department of Transportation & Development

2001 La.App. 1 Cir. 2668 · Louisiana Court of Appeal · Nov 8, 2002

or establish that the majority of their opinions were scientifically unreliable. … That is, the trier of fact’s findings may be set aside only if found to be clearly or manifestly wrong. See Snearl v.

Martone v. Morgan

251 La. 993 · Supreme Court of Louisiana · Feb 19, 1968

The investigatory and fact-finding functions of the Labor-Management Commission of Inquiry are clearly not a criminal prosecution (see Article 381, Louisiana Code of Criminal Procedure; State v. … Besides, the establishment. of guidelines for the procedure in the Open Flearing Investigation was in essence an advisory view given under our supervisory powers to control proceedings before inferior courts when, from the

Trentecosta v. Beck

703 So. 2d 552 · Supreme Court of Louisiana · Oct 21, 1997

The communications clearly were false. … was not established in the companion case, Associated Press v.

Darnell v. Alcorn

99 La.App. 4 Cir. 2405 · Louisiana Court of Appeal · Sep 24, 1999

The plaintiff testified, establishing that he is a qualified voter in District 100, and that the address on defendant’s qualifying papers is near his home. … that the finding is clearly wrong.

Dupree v. City of New Orleans

765 So. 2d 1002 · Supreme Court of Louisiana · Aug 31, 2000

The constitutionality of this statute was called into question as an abrogation of sovereign immunity contained in Article XII, § 10(A) of the Louisiana Constitution. … court's dismissal of the City on those grounds clearly wrong.

Didier v. Fasola

597 So. 2d 450 · Louisiana Court of Appeal · Aug 8, 1991

Although the record does not clearly indicate when Ms. Didier provided security, Mr. Fasola answered, denying paternity of the minor child. Pursuant to LSA-R.S. 9:396, blood tests were ordered for Ms. … Their reliability as an indicator of the truth has been fully established." Little, 101 S.Ct. at 2207 .

Johnson v. Gusman

District Court, E.D. Louisiana · Jun 10, 2020

Defendants are Not Entitled to Qualified Immunity at This Stage in the Proceedings Defendants argue they are entitled to qualified immunity and, as a result … the defense of qualified immunity.”92 To overcome qualified immunity, the plaintiff must establish (1) the allegations in the complaint show the defendant’s conduct violated the plaintiff’s constitutional rights

Kling v. Hebert

District Court, M.D. Louisiana · Aug 11, 2020

Plaintiff also asserts a claim of “qualified immunity”,3 averring that the “right to be free from retaliation for the exercise of First Amendment speech has been clearly established for decades and it was objectively unreasonable … When the doctrine of qualified immunity is asserted, the plaintiff must plead facts demonstrating liability, specifically that the official violated his constitutional right and that the right was clearly established at

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.

Escobarrivera v. Vannoy

District Court, M.D. Louisiana · Mar 12, 2021

Specifically, the Magistrate Judge determined that qualified immunity shields Defendants from liability because Plaintiff cannot prove that his continued assignment to CCR violates a clearly established … The lack of clear guidance regarding terms equivalent to Plaintiff’s term is dispositive, and entitles Defendants to qualified immunity, as explained in the Magistrate Judge’s Report.

Bradford v. Louisiana Public Service Commission

189 La. 327 · Supreme Court of Louisiana · Feb 7, 1938

This clearly shows that the commission had the authority to regulate and govern the service to be rendered. … However, in the instant case, in view of the wording of this paragraph and the qualifying language used immediately after, the words “or a new one granted” clearly show that it contemplates a new certificate granted in lieu

Cash v. KCI Const., Inc.

675 So. 2d 297 · Louisiana Court of Appeal · May 15, 1996

After a trial on the merits, the court found that Stevens and KCI were not afforded immunity under the doctrine of "borrowed servant." … that the finding is not clearly wrong."

Opinion Number

Louisiana Attorney General Reports · Aug 30, 1994

However, 1990 R.S. 33:103 was amended by Act 699 of as follows: Where a parish or municipality has adopted a charter for local self-government or other home rule charter and such charter provides for the establishment of … It clearly states when the charter provides for a planning commission or otherwise provides for the functions of a planning commission to be performed by a board or commission the provisions as set forth in the statute concerning

Lasseigne v. Martin

202 So. 2d 250 · Louisiana Court of Appeal · Sep 1, 1967

We find the Bauer Case supra, clearly distinguishable from the case at hand. … Art. 42(3) as the place where its principal business establishment is located and that the Committee’s principal establishment is the Parish of East Baton Rouge where it meets.

Succession of Brierre

19 La. App. 400 · Louisiana Court of Appeal · Jul 1, 1931

Counsel for the bank, on the other hand, contend, that the decision in the Deshotels case qualifies and partly changes the rule established in the prior decisions with relation to the extent of the right of a tutor to administer … a succession without qualifying as an administrator.

Hunt v. Town of New Llano

930 So. 2d 251 · Louisiana Court of Appeal · May 3, 2006

She also claims that the trial court erred in finding that she failed to establish a probability that she would prevail on her claim. … Hunt must establish a probability of success on her claim. This showing is based on the elements of the alleged tort claim. Lee v.

Cazes v. Parish of West Baton Rouge

744 So. 2d 54 · Louisiana Court of Appeal · Dec 30, 1998

A reviewing court may only disturb the lower court's holding upon a finding that the trier of fact was clearly wrong or manifestly erroneous. … Cazes' testimony established that there was an entrance on the left side of the building. [8] We note the trial court found that because there was no evidence establishing Mr. Cazes was aware that Mrs.

Chiasson v. New Orleans Pub. Group, Inc.

761 So. 2d 89 · Louisiana Court of Appeal · Apr 25, 2000

A power, privilege, or immunity guaranteed under a constitution, statutes or decisional laws, or claimed as a result of long usage.... … Political rights consist in the power to participate, directly or indirectly, in the establishment or administration of government, such as the right of citizenship, that of suffrage, the right to hold public office, and