Case law

Lefebure v. Boeker

390 F. Supp. 3d 729 · District Court, M.D. Louisiana · Jun 25, 2019

Qualified Immunity - Individual Capacity Claims As discussed above, Plaintiff failed to address the DA's individual liability under the Equal Protection Clause, the only viable federal constitutional claim asserted, in her … Unlike government officials sued in their individual capacities, municipal entities and local governing bodies do not enjoy immunity from suit, either absolute or qualified, under § 1983. Leatherman v.

Opinion Number

Louisiana Attorney General Reports · Jul 24, 2008

"Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery." Id. (citing Harlow v. … Even limited discovery on the issue of qualified immunity "must not proceed until the district court first finds that the plaintiff's pleadings assert facts which, if true, would overcome the defense of qualified immunity

Monteville v. Terrebonne Par. Con. Gov't

567 So. 2d 1097 · Supreme Court of Louisiana · Sep 13, 1990

It is an established principle that legislative grants of such rights, powers, privileges, immunities or benefits as against the general public, as distinguished from a right against some other party, should be construed … I agree that the premises on which plaintiff was injured does not qualify under Keelen v.

Reymond v. State ex rel. Department of Highways

217 So. 2d 488 · Louisiana Court of Appeal · Dec 16, 1968

Thus the rule established permits recovery in these cases only where there is substantial proof of special damages shown. … Karl Snyder, another qualified real estate appraiser, testified as an expert on behalf of defendant, Department of Highways. Mr.

Herrera v. Medical Center Hospital

241 F. Supp. 2d 601 · District Court, E.D. Louisiana · Aug 5, 2002

Qualified Immunity Defendants assert that each of the individuals named in the suit are entitled to qualified immunity. 7 Qualified immunity shields government officials from civil liability for damages based upon the performance … the official’s wrongful conduct violated clearly established law.

Sandefur v. Cherry

547 F. Supp. 418 · District Court, M.D. Louisiana · Aug 18, 1982

Peters testified that “clearly [optometrists] ... have the responsibility of detecting and making preliminary diagnoses of ocular diseases and ocular manifestations of systemic disease.” … Marrionneaux, is it your position that you are qualified to diagnose ocular pathology?

State v. Birdsong

452 So. 2d 1236 · Louisiana Court of Appeal · Jun 6, 1984

Montana, 421 So.2d 895 (La. 1982) established the rule that a qualified expert witness cannot express to the jury an expert opinion on an ultimate question of fact to be determined by the jury. … Here, Philander Birdsong is clearly a potential target of prosecution. Hence, the trial judge correctly denied defense witness immunity in this case. Therefore, we find this assignment of error to be without merit.

Roderick McKenzie v. Churchill Downs Louisiana Horseracing Company, LLC D/B/A Fair Grounds Race Course & Slots and Jsr, LLC

Louisiana Court of Appeal · Dec 13, 2023

to that immunity. … App. 4 Cir. 4/15/15), 165 So.3d 304, 314 (wherein this Court found that once the defendant established that an immunity statute applied for purposes of summary judgment, the burden shifted to the plaintiffs, as the non-movants

Gregor v. Argenot Great Cent. Ins. Co.

851 So. 2d 959 · Supreme Court of Louisiana · May 20, 2003

The establishment has discretion in determining what method may be used to convey the warning because the warning can be conveyed by a sign, menu notice, table tent or other clearly visible message. … In my view, the record clearly establishes that although the negligence of DHH contributed to the injury, the fault of DHH was certainly not equal to that of Pascal's Manale.

Justin Irwin v. John Bradley Brent

Supreme Court of Louisiana · Jun 27, 2025

However, an examination of the district court’s reasons for judgment clearly reveals the district court found La. … The Landry case explained that when the defendant does not enjoy any qualifying privilege or immunity, the courts must perform a comparative fault analysis. 4

Broadmoor Apartments, Inc. v. Collector of Revenue

336 So. 2d 332 · Louisiana Court of Appeal · Jun 30, 1976

The tax involved herein is assessable upon a corporation’s qualifying to do business or actually doing business in the state. … The record establishes conclusively that Appellants were in fact acting as Owners’ agents in the transactions involved herein.

White v. Rapides Parish School Bd.

3 La.App. 3 Cir. 1172 · Louisiana Court of Appeal · Mar 3, 2004

Clearly, the Rapides Parish School Board qualifies as a political subdivision of the State. … In brief, the School Board argues that the actions of the Board's employees at the South Alexandria Sixth Grade Center clearly fall within the purview of Berkovitz .

Humphrey v. Louisiana Power & Light Co.

546 So. 2d 520 · Louisiana Court of Appeal · Jun 8, 1989

The judgment of the trial court will not be disturbed unless the record establishes that its findings are clearly wrong (manifestly erroneous). Arceneaux v. Domingue, 365 So.2d 1330 (La.1978); Canter v. … We agree with the trial court that Bricks Unlimited clearly qualifies as a statutory employer *523 based on the first condition.

Ehlinger & Associates. v. Louisiana Architects Ass'n

989 F. Supp. 775 · District Court, E.D. Louisiana · Jan 5, 1998

The Supreme Court also established in Hallie that when a municipality is acting pursuant to a clearly expressed state policy, it is immune from antitrust liability even if the state did not actively supervise the execution … By authorizing the LASB to award contracts without regard to price competition and to “allocate work among those desirous and qualified” to do it, the legislation clearly foresaw that competition in the economic sense would

Johns v. Agrawal

748 So. 2d 514 · Louisiana Court of Appeal · Nov 17, 1999

The United States is liable only to the extent it waives sovereign immunity, here by the Federal Tort Claims Act. … It is well-established that "because the [Medical Malpractice Act] grants immunities or advantages to a special class in derogation of the general rights available to tort victims, it must be strictly construed against limiting

Noakes v. Department of Homeland Security

District Court, E.D. Louisiana · Oct 18, 2022

Rubin, 77 F.3d 777, 781 (5th Cir. 1995) (“[F]iling an administrative complaint is clearly protected activity”). … What does and does not constitute an adverse action in this context is clearly established, see id., and even a generous interpretation of “formal reprimand” does not encompass TSA’s decisions to simply stop investigating

Smith v. Shell Chemical Co.

333 F. Supp. 2d 579 · District Court, M.D. Louisiana · Aug 26, 2004

Qualified Immunity The United States Supreme Court has consistently held that “government officials are entitled to some form of immunity from suits for damages.” 23 Generally, these officials receive only a qualified immunity … , which protects them 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.” 24 Qualified immunity attempts

State v. Mattheson

407 So. 2d 1150 · Supreme Court of Louisiana · Nov 16, 1981

Clearly, the affidavit established probable cause to justify the issuance of the warrant. Therefore, the evidence seized from the Matthesons' apartment was validly obtained. … Consequently, testimony that is merely cumulative will not qualify the witness for use immunity.

Fields v. Department of Public Safety

911 F. Supp. 2d 373 · District Court, M.D. Louisiana · Nov 27, 2012

Further, it is well-settled 5th Circuit law that Title VII has clearly abrogated the States’' Eleventh Amendment immunity. Accord, Pegues v. … To make out a prima facie case for disparate treatment, a plaintiff must establish four elements: (1) she is a member of a protected group; (2) she applied and was qualified for a position; (3) she was rejected; and (4) the

Rayborn v. Bossier Parish School System

198 F. Supp. 3d 747 · District Court, W.D. Louisiana · Jul 18, 2016

or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.’ ” Cutler v. … As explained below, Plaintiff has likewise failed to establish a violation of the Fourteenth Amendment, such that Defendants are entitled to qualified immunity on that claim, as well. .