Case law

Rushing v. Yeargain

District Court, M.D. Louisiana · Feb 7, 2025

Defendants reiterate their assertion that there was no violation of a clearly established constitutional right to overcome qualified immunity. (Id. at 10.) … established law at the time, and that qualified immunity therefore applies.

Craig v. Sepulvado

709 So. 2d 229 · Louisiana Court of Appeal · Feb 18, 1998

Secondly, we note the inapplicability of the recreational immunity statutes. In Monteville v. Terrebonne Parish Consol. … The factual circumstances of this case, as reflected in the record, clearly contradict the defendants' assertion that Sepulvado is protected by La.R.S. 9:2795, et seq.

Odom v. City of Lake Charles

790 So. 2d 51 · Louisiana Court of Appeal · Jan 31, 2001

The supreme court found that the trial court was not clearly wrong in its allocation of fault of 75% to the DOTD. … The parties stipulated to the life care plan which established the future medical care needs and costs.

City of Baton Rouge v. Williams

661 So. 2d 445 · Supreme Court of Louisiana · Oct 16, 1995

To establish that the conflict actually exists, the litigant must show that the state statute and the ordinance are incompatible and cannot be effectuated in harmony. … Just as clearly, the constitution fails to make such a provision concerning misdemeanors.

Cole Oil & Tire Co., Inc. v. Davis

567 So. 2d 122 · Louisiana Court of Appeal · Aug 22, 1990

Boss Oil's invoices, Cole's testimony regarding them, and portions of the Cole Oil statement clearly were hearsay or were founded on hearsay. … Cole simply was not the qualified witness that is necessary to establish the C.E. 803(6) business records exclusion in these respects: Boss Oil invoices.

King v. Herbert

District Court, M.D. Louisiana · May 12, 2020

Qualified Immunity The LSP Defendants further contend that the claims against them should be dismissed because they are entitled to qualified immunity. … these two questions sequentially; it can proceed with either inquiry first.91 “If the defendant’s actions violated a clearly established constitutional right, the court then asks whether qualified immunity is still appropriate

North and South American Shipping v. United States

352 F. Supp. 2d 734 · District Court, E.D. Louisiana · Jan 18, 2005

Halcyon and Cooper “clearly establish the rule that there can be no third-party suit against a joint tort-feasor where the tort-feasor has statutory immunity from the first-party plaintiff’. In re McAllister at *5 . … United States, 937 F.2d 625 , 635 (D.C.Cir.1991)(“In short, Halcyon and Cooper established that the maritime common law does not allow contribution against a party who holds a statutory immunity from first-party liability

Cyr

District Court, E.D. Louisiana · Feb 23, 2026

Eight Amendment and Plaintiff’s state law claims.”42 Defendants’ actual briefing on the issue of qualified immunity, however, relates only to qualified immunity under federal law with respect to Plaintiff’s claims that … Miller, 519 F.3d 231, 239 (5th Cir. 2008) (explaining that “[i]n evaluating a motion to dismiss a state claim on the grounds of qualified immunity, federal courts must apply the state’s substantive law of qualified immunity

Slaughter v. Torres

District Court, M.D. Louisiana · Mar 22, 2022

Qualified Immunity Next, Plaintiff maintains that he has met his burden to overcome Defendant’s qualified immunity because he has established that Defendant’s actions “were clearly and … To rebut Defendant’s qualified immunity defense, Plaintiff must establish “(1) that [Defendant] violated a federal statutory or constitutional right and (2) that the unlawfulness of the conduct was ‘clearly established

State v. Denson

888 So. 2d 805 · Supreme Court of Louisiana · Dec 1, 2004

Section 1 of the Fourteenth Amendment to the United States Constitution similarly states: “[n]o State shall make or enforce any law which shall | sabridge the privileges or immunities of citizens of the United States; nor … Armistead, 351 So.2d 496 (La.1977), establishing in Louisiana an unambiguous, bright-line rule that “[o]nce it has been determined that a person by reason of a permanent mental defect lacks capacity to prepare his defense

Vernell Nelson v. State of Louisiana, et al.

District Court, M.D. Louisiana · Jun 22, 2026

That Defendants are entitled to qualified immunity. … Defendants assert that their conduct did not violate any of inmate Plaintiffs clearly established constitutional or statutory rights of which a reasonable person would have known.

Larkins v. Cage Contractors, Inc.

580 So. 2d 1068 · Louisiana Court of Appeal · May 30, 1991

Although plaintiffs are correct in saying that there is no requirement in Louisiana that a qualified acceptance be reduced to writing, plaintiffs still must prove that their acceptance, oral or written, is a qualified acceptance … Our review of the record establishes that the findings on the law and evidence which were adopted by the trial court are not clearly wrong and we conclude that there was no manifest error in this determination.

Tompkins v. Kenner Police Dept.

402 So. 2d 276 · Louisiana Court of Appeal · Jul 21, 1981

Once sovereign immunity was abolished by statute the extension of liability on ordinary principles of tort law logically followed. … These facts clearly establish a sufficient closeness in both proximity and time as to create a one-to-one relationship between the officer and the injured party, and the officer's failure to act properly under these facts

State Ex Rel. Guste v. Audubon Park Commission

320 So. 2d 291 · Louisiana Court of Appeal · Oct 9, 1975

Orleans which act provided for the repeal of any laws in conflict with it and clearly establishes that whatever may be the status of the Valentine Merz Memorial Zoo situated on 10.4 acres of Audubon Park that the Audubon … established by the act.

Heirs of Primeaux v. Erath Sugar Co., Ltd.

484 So. 2d 717 · Louisiana Court of Appeal · Feb 20, 1986

The conditions clearly do not involve a buying back and, therefore, cannot be construed as a right of redemption. … A reading of the entire instrument in question clearly reflects that the parties intended to establish a conventional predial servitude containing a resolutory condition with an expressed reversionary clause.

LaCoste v. Pendleton Methodist Hosp.

966 So. 2d 519 · Supreme Court of Louisiana · Sep 5, 2007

Expert medical evidence may be necessary to establish causation with regard to *527 the death of Mrs. … A proper analysis of this factor clearly demonstrates the wrong alleged is "treatment related."

Crowe v. La., LLC

241 So. 3d 328 · Louisiana Court of Appeal · Feb 17, 2017

R.S. 47:301(10)(u) clearly and unambiguously excludes from local taxation the sales of tangible property made "under the provisions of Medicare"; and La. … The Sheriff established that Bio-Medical was unable to produce evidence from which to calculate the value of sales excluded from local taxation under La.

Asante-Chioke v. Dowdle

District Court, E.D. Louisiana · Jun 6, 2024

Specifically, the Court found that Plaintiff overcame Dowdle’s defense of qualified immunity because she sufficiently alleged that the officers initiated a second round of shots after an initial round clearly incapacitated … ’s requested order limiting discovery to issues of Dowdle’s qualified immunity.

Delcambre v. Blood Systems, Inc.

866 So. 2d 352 · Louisiana Court of Appeal · Feb 4, 2004

Thus, under La.R.S. 40:1299.41(A)(1), BSI is a qualified healthcare provider and any claims for malpractice would be governed by the MMA. … establishes that Mr.

Miller v. Bossier

940 So. 2d 54 · Louisiana Court of Appeal · Sep 20, 2006

He opined that the Millers' motion and affidavits clearly established damages that would exceed $400,000 for two persons who lost their lives due to the malpractice of Schumpert. … committed by qualified health care providers.