Case law

Connelly v. Veterans Administration Hospital

23 F. Supp. 3d 648 · District Court, E.D. Louisiana · May 15, 2014

However, the defendant has failed to produce any evidence whatsoever to establish that normal cleaning procedures occurred, that maintenance was not called or did not appear at the scene, and that the video tape which clearly … Federal Tort Claims Act “Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” 59 Since “[sjovereign immunity is jurisdictional in nature,” the United States may only be sued with

State v. Allemand

153 La. 741 · Supreme Court of Louisiana · Apr 10, 1923

Of course, accused, as a witness in his own behalf, was subject to all the rules applicable to other witnesses; but he also enjoyed the same immunities,' and he eoula no more be compelled to answer a question accusing himself … The charge was further' objectionable, in that it was not qualified by the condition that the jury should find that the accused was actipg as a duly authorized officer, or believed that he was so doing, and would therefore

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

716 So. 2d 164 · Louisiana Court of Appeal · Jun 29, 1998

Clearly, this issue is solely a question of law, not fact, which is appropriate for summary judgment. … For the reasons expressed below in the discussion of whether the third party plaintiff stated a cause of faction, we conclude the grant of summary judgment was correct, because revised LSA-C.C. art. 2323 does not establish

Loe v. Whitman

107 So. 2d 536 · Louisiana Court of Appeal · Nov 25, 1958

This clearly appears, first, from the fact, as will be hereinafter shown, that the statute in question is wholly inapplicable to the situation presented here, and, secondly, from the fact the issue is not properly before … On the other hand when the defendant acts outside of his strict authority he breaches the condition of his immunity and is liable to a civil action for damages to persons harmed by his improper conduct.

Marilee Cash, Nancy Dickie v. Office of Group Benefits, Office of the Governor

Louisiana Court of Appeal · Dec 19, 2025

appears clearly on the face of the pleadings. … as " qualified immunity," the statute upon which they rely, La.

State v. Ramsey

457 So. 2d 211 · Louisiana Court of Appeal · Sep 26, 1984

Additionally, the subject matter of the letter clearly pertains to Donald Washington’s testimony. … The evidence establishes the genuineness and authenticity of the letter as one from Donald Washington to the defendant’s attorney.

Buchicchio v. LeBlanc

District Court, M.D. Louisiana · Feb 15, 2023

Due Process3 Qualified immunity shields a government official from individual liability for civil damages when the “official’s conduct does not violate clearly established … ,” and (2) “whether the right was ‘clearly established.’”

Carter v. Gautreaux

District Court, M.D. Louisiana · Mar 6, 2020

Qualified Immunity Defendants also assert the defense of qualified immunity.74 The Supreme Court established in Harlow v. … rights of which a reasonable person would have known.”75 “When a defendant invokes qualified immunity, the burden shifts to the plaintiff to demonstrate the inapplicability of the defense.”76 A claim of qualified immunity

Gray v. Louisiana Department of Public Safety & Corrections

District Court, M.D. Louisiana · Feb 6, 2024

“Qualified immunity involves answering two questions: (1) ‘whether the officer violated a constitutional right,’ and (2) ‘whether the “right at issue was ‘clearly established’ at the time of [the] alleged misconduct.” ’ … As to the second part of the qualified immunity analysis, “[t]o determine whether a right is ‘clearly established,’ we ‘first look[ ] to Supreme Court precedent and then to our own.’ ” Parker, 73 F.4th at 407 (quoting Crittindon

Ramey v. DeCaire

869 So. 2d 114 · Supreme Court of Louisiana · Mar 19, 2004

Pleadings which establish only possibility, speculation, or unsupported probability do not suffice to establish a *121 cause of action. See Todd v. … immunity provided by La.

Carey v. Rao

2001 La.App. 4 Cir. 1235 · Louisiana Court of Appeal · Sep 11, 2002

are clearly wrong or manifestly erroneous. … Clearly, the Careys established a breach of the standard of care owed to Joseph. Thus, the district court did not err in denying the Motion for Directed Verdict nor was the jury clearly erroneous in their findings.

State ex rel. Lemonnier v. Beard

34 La. 273 · Supreme Court of Louisiana · Mar 15, 1882

The evidence clearly establishes them to be as alleged by the litigants. … Lamantia, 33 A. 447 , we have clearly announced the law on that subject, and we affirm what we there said.

State Board of Ethics v. Arnold

184 So. 3d 60 · Louisiana Court of Appeal · Sep 28, 2015

After reviewing the entire record, the appellate court may reverse the trier of fact’s findings if there is no reasonable factual basis for such findings, and the -.record establishes that the trier of fact was clearly- wrong … In both cases, the Board put on evidence sufficient to establish a prima facie case that the candidates actually owed the late fees when they qualified.

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.

Karen Carter Peterson v. Allen Helwick Borne, Jr., Kyle Ardoin, in His Official Capacity as the Secretary of State, and C. Arthur Morrell, in His Official Capacity as the Chief Election Officer for Orleans Parish

Louisiana Court of Appeal · Aug 22, 2019

“Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong.” … The use of the word “shall” establishes a mandatory duty. La. R.S. 1:3; Hamilton v. Royal Int'l Petroleum Corp., 2005-0846, p. 11 (La. 2/22/06), 934 So.2d 25, 33.

Vangraff, Inc. v. McCearley

314 So. 2d 483 · Louisiana Court of Appeal · Sep 26, 1975

The fourteenth amendment of the United States Constitution states as follows: "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State … The intention of the proprietor to establish a servitude must clearly appear from the title document. Noel Estate v. Kansas City Southern & Gulf Ry. Co., 187 La. 717 , 175 So. 468 ; Clark v.

Smith v. Parish of Washington

318 F. Supp. 2d 366 · District Court, E.D. Louisiana · Mar 26, 2004

There is no evidence before the Court establishing that Charles Brumfield qualifies as an employer under Title VII. In fact, Charles Brumfield is an appointee of the sheriff like any other deputy receiving a commission. … Under this exception, if a particular employee qualifies as part of an outgoing public employer’s “personal staff,” then the incoming employer is generally immune from discrimination claims. See Chinaca v.

Tritico v. Board of Commissioners

134 So. 2d 401 · Louisiana Court of Appeal · Nov 10, 1961

Shushan, 206 La. 415 , 19 So.2d 185 , both of which cases apply the well established rule of law found stated in 50 Am.Jur. 367, Sec. 363 as follows: “Harmonizing Statutes and Parts of Sections. — Consistency in statutes … and qualified by the succeeding executive.”

State ex rel. Board of Commissioners of the Lake Borgne Basin Levee District v. Bergeron

235 La. 879 · Supreme Court of Louisiana · May 26, 1958

It is fundamental that to enact is to decree, to establish by law and to perform or effect a law. To reenact is to enact again. … and qualified by the succeeding executive.

Smith v. Louisiana Department of Corrections

618 So. 2d 1065 · Louisiana Court of Appeal · Apr 23, 1993

The testimony of the vocational rehabilitation expert established that there were two available jobs out of the ten possible jobs for which the plaintiff would be qualified, and that the plaintiff was entitled to reemployment … Breaud’s testimony clearly indicates that the degree of fear which the plaintiff was displaying was medically unfounded.