Case law

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

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

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.

Magee v. Reed

District Court, E.D. Louisiana · Feb 5, 2021

“Qualified immunity protects ‘government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … , in light of clearly established law and the and the information the [arresting] officers possessed.’”47 Qualified immunity persists even if the officer “‘reasonably but mistakenly conclude[s] that probable

Cobbins v. Graham

District Court, M.D. Louisiana · Jul 11, 2022

has asserted the qualified immunity defense. … conclusively establishes that all discovery must be stayed pending resolution of a qualified immunity defense raised in a motion dismiss, but does not end the inquiry here where the defense is asserted via summary judgment

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.

State v. U-Drive It Car Co.

79 So. 2d 590 · Louisiana Court of Appeal · Mar 28, 1955

personal property, * * An additional objection interposed by the defendant is the fact that it collects and remits to the State the tax imposed by LSA-R.S.' 47:302(B), however, an analysis of the statute fails to disclose any immunity … Vial, 1939, 193 La. 1 , 190 So. 313, 315 , the court was of the opinion: — ■ “There is no principle of interpretation more firmly and uniformly established by the jurisprudence of this and the other States than the unbroken

Alvarez v. Southeast Commercial Cleaning, LLC

13 La.App. 3 Cir. 657 · Louisiana Court of Appeal · Feb 26, 2014

While the incident report states that it was printed at 4:48 p.m. on January 31, 2011, the printing date clearly does not establish that the accident occurred on 112that date. … Thus, defendants established that the videotape accurately depicts the accident. Second, the videotape tends to establish a fact for purposes of defendants’ exceptions.

Thornton v. Lymous

District Court, E.D. Louisiana · Sep 25, 2020

immunity” in light of clearly established law.138 III. … 153 Part two asks whether the allegedly violated right is “clearly established.”154 If “the defendant’s actions violated a clearly established constitutional right, the court then asks whether qualified immunity is

Jennings v. Louisiana & Southern Life Insurance Co.

280 So. 2d 297 · Louisiana Court of Appeal · Jun 20, 1973

It expressly provides for a qualified or conditional coverage of the named insured only. … Such a construction, we believe, would do violence to what appears to be the clearly expressed intent of the contracting parties.

Williams v. Galliano

697 So. 2d 294 · Louisiana Court of Appeal · Jun 20, 1997

actions by the DEQ are insulated by the ^discretionary act and policymaking immunity provided by LSA-R.S. 9:2798.1. … Thus, the directive of LSA-R.S. 30:2154(B)(1) that the DEQ adopt and promulgate regulations governing disposal site operations clearly did not reheve it of its duty to monitor and inspect the facility to insure compliance

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

Chisholm v. Hood

110 F. Supp. 2d 499 · District Court, E.D. Louisiana · Aug 21, 2000

First, DHH’s practice clearly violates the federal requirement that state agencies make available providers for medically necessary services. … In addition, States must allow all qualified providers to participate in Medicaid.”

State v. Andrews

452 So. 2d 687 · Supreme Court of Louisiana · Jun 27, 1984

The record clearly supports a conviction on such a charge. Accordingly, defendant's conviction is modified to second degree murder (R.S. 14:30.1(1)). … The legal standards, however, have clearly changed. At the time of the Willie decision, the standard for review on appeal was the "no evidence" rule.

Opinion Number

Louisiana Attorney General Reports · Apr 7, 2003

Clearly, the conduct in question comes within the broader mission of law enforcement agencies, and thus within the duties of law enforcement officers. … A person who has locked their keys in their car is clearly in distress.

Hodge v. Office of Motor Vehicle Louisiana

District Court, E.D. Louisiana · Jun 25, 2024

to qualified immunity on any § 1983 claims; and (4) Palumbo, Huff, and Purpera are entitled to discretionary immunity. … Hodge does not demonstrate that these facts establish a viable cause of action.

Babinski v. Queen

District Court, M.D. Louisiana · Sep 29, 2021

Public officials are entitled to qualified immunity unless the plaintiff demonstrates that (1) the defendant violated an actual constitutional or federal statutory right that is clearly established under existing law, … rights which were clearly established at the time of the violation.

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.