Case law

Thomas v. City of Monroe Louisiana

833 So. 2d 1282 · Louisiana Court of Appeal · Dec 18, 2002

He also stated the report was obtained pursuant to an established policy of reporting matters on file as a matter of public record. … As used in this Article, the following terms shall have the meanings ascribed to them below, unless the context clearly indicates otherwise: (1) "Act in furtherance of a person's right of petition or free speech under the

Conerly v. State

858 So. 2d 636 · Louisiana Court of Appeal · Jun 27, 2003

The period of limitation contained in LSA-R.S. 49:112 clearly has some aspects of a peremptive period. … After reviewing the record, we cannot say the trial court's finding is manifestly erroneous or clearly wrong.

Opinion Number

Louisiana Attorney General Reports · Jan 23, 2002

However, it further provides in Sec. 1-05, "General powers", that the city shall have all powers, rights, privileges, immunities and authority under the laws of the state, "including but not limited to Louisiana Revised Statutes … for it clearly states it is not limited to R.S. 33:501 -571, the statutory provisions relative to establishment and operation as a commission form of government.

Disedare v. Brumfield

District Court, E.D. Louisiana · Oct 10, 2023

But to overcome a defense of qualified immunity, a Plaintiff must show “that the right the official is alleged to have violated must have been ‘clearly established’ in a more particularized .. . sense: The contours of the … The proffered deposition excerpts alone do not overcome the defense of qualified immunity.

In Re Jordan

913 So. 2d 775 · Supreme Court of Louisiana · Jun 29, 2005

Respondent failed to produce evidence which was clearly exculpatory and should have resolved this issue in favor of disclosure. … Judge Johnson reiterates that Rule 3.8 was established to ensure not only professional responsibility but also to ensure a criminal defendant's right to due process.

Opinion Number

Louisiana Attorney General Reports · Oct 27, 1992

Clearly under the plain meaning of § 52E(1), you qualify to run for a school board seat from District 6. … Such a candidate need only be an "elector," i.e., a duly qualified voter.

Broussard v. Smith

999 So. 2d 1171 · Louisiana Court of Appeal · Dec 3, 2008

Act 147 served to expand the list of defendants to co-employees (not just employers) granted immunity from suits by injured employees such that worker's compensation would be the exclusive remedy unless the intentional tort … If that is the case, there can be no point in providing the second prong of this definition as there is no behavior that would qualify under the stringent "substantially certain to result" test.

McDaniel v. Williams

District Court, M.D. Louisiana · Jun 30, 2022

Concerning the second part of the qualified immunity analysis, Defendants maintain that “it is clear that Plaintiff’s constitutional right in the situation in question was not clearly established.” … Finally, Defendants are not entitled to qualified immunity.

Graham v. ST. CHARLES GENERAL HOSP.

590 So. 2d 818 · Louisiana Court of Appeal · Nov 26, 1991

It is well established that statutes of limitation are remedial in nature and as such are generally accorded retroactive application, unless such application would disturb a party's preexisting or vested right. Lott v. … As the amendment in question lengthens the applicable prescriptive period, there is clearly no disturbance of vested rights.

J. B. McCrary Co. v. Town of Winnfield

40 F. Supp. 427 · District Court, W.D. Louisiana · Aug 23, 1941

This fundamental rule applies to a municipal corporation, subject, however, to the numerous exceptions to and immunities from the rule, established by the jur-' *431 isprudence over many decades. … “Property once dedicated to public use is extra commercia, and inalienable by seizure and sale under execution against a municipal corporation, unless it is made affirmatively and clearly to appear that its use had been abandoned

State v. Jones

474 So. 2d 919 · Supreme Court of Louisiana · Jun 20, 1985

Having been granted immunity, Mingo testified about defendant's statements and his request to dispose of the TG & Y bag. … This evidence was clearly sufficient to support the conviction.

Opinion Number

Louisiana Attorney General Reports · Dec 24, 2002

As previously noted in our answer to your second question, the hospital service district's board of commissioners is clearly in charge of the district, the district's hospital and other assets, including the hospital building … To establish positions of employment and to appoint and employ personnel necessary for the operation of the health care facility or facilities under his jurisdiction to establish rates of pay; to abolish positions; and to

Thompson v. Hammond City

District Court, E.D. Louisiana · Dec 30, 2019

that qualified immunity does not apply because he was arrested without probable cause and his arrest was objectively unreasonable in light of clearly established law.66 While conceding that it is undisputed that he … clear that qualified immunity functions as an immunity from suit, rather than a mere defense to liability.85 “[T]he qualified immunity standard ‘gives ample room for mistaken judgments’ by protecting ‘all

Aviles v. United States

696 F. Supp. 217 · District Court, E.D. Louisiana · Oct 6, 1988

The United States, however, argues that it is immune from liability to the serviceman-plaintiff for his alleged damages. … The Coast Guard, though not within the Department of Defense, is clearly a "military service.” 14 U.S.C. § 1 ; United States v.

Cambre

District Court, E.D. Louisiana · Nov 6, 2025

During the July 29, 2025 status conference, Judgment arguing that the Defendants were entitled to Qualified Immunity on Plaintiff’s 1983 Claims of Excessive Force as well as Plaintiff’s state law claims of battery and … was clearly established at the time of the challenged conduct.8 The Court’s Order and Reasons specifically addressed Plaintiff’s §1983 excessive force claim as well as Plaintiff’s state law claims.9 Because of the

Parker v. Louisiana Department of Public Safety & Corrections

District Court, M.D. Louisiana · Jul 29, 2020

“That is a necessary part of the qualified-immunity standard[.]” Id. … By the same reasoning, Acklin is not entitled to qualified immunity here.

Brumlow v. Shreveport

District Court, W.D. Louisiana · Sep 25, 2025

The Court dismissed Brumlow’s false arrest claim against Deputy Ukpabi based on qualified immunity. Unlike individual officers, sheriff’s departments are not entitled to qualified immunity. … However, Sheriff Richardson in his official capacity is not entitled to qualified immunity.

Hughes Realty Company v. Pfister

245 So. 2d 757 · Louisiana Court of Appeal · Mar 8, 1971

Co., [5] the court allowed a reconventional demand against an assignor where it was clearly established that the assignment to the plaintiff-assignee was confected for the sole purpose of avoiding the defendant's counterclaim … Atlas Cordage Co., [6] the Supreme Court allowed a reconventional demand against a nonresident not a party to the suit where it was clearly established that the plaintiff who sued in his individual name sued in reality only

Hardy v. Ducote

246 F. Supp. 2d 509 · District Court, W.D. Louisiana · Jan 20, 2003

Elsbury stated the plant safety, maintenance, and operations responsibility were delegated to properly trained and qualified supervisors. … Plaintiffs allege the following reasons why Du-cote is not immune from liability: (1) plaintiffs worked as independent contractors, not employees; (2) the case law establishes that occupational diseases are presumptively

Parker v. Town of Woodworth

14 La.App. 3 Cir. 943 · Louisiana Court of Appeal · Mar 4, 2015

And the inquiry is not as forgiving as the one employed in the distinct context of deciding whether an officer is entitled to qualified immunity for a constitutional or statutory violation. … The basis of the Town of Woodworth’s liability as Godwin’s employer is clearly established in the record.