Case law
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459 So. 2d 1189 · Louisiana Court of Appeal · Sep 28, 1984
A confidential informant may provide adequate information to establish probable cause for a warrantless arrest, so long as the totality of the circumstances establish a basis both for the information and the informant's reliability … Whether a witness is qualified *1193 as an expert is within the sound discretion of the Trial Judge, whose ruling that a witness is qualified as an expert will not be reversed unless it is clearly wrong.
Cited 13 timesPublishedDistrict Court, M.D. Louisiana · Feb 25, 2022
Qualified Immunity Defendants raise the defense of qualified immunity. … Qualified immunity shields government officials from liability in their performance of discretionary functions unless their conduct violated a clearly established constitutional right.110 “Once raised, a plaintiff has
Cited 0 timesUnknown86 So. 3d 690 · Louisiana Court of Appeal · Feb 1, 2012
He’s not qualified to do so. … Clearly, Dr. Minor reviewed the films and had the responsibility to determine that the placement was correct and make the decision to go ahead with the procedure. We cannot speculate on Dr.
Cited 9 timesPublished2013 La.App. 4 Cir. 1577 · Louisiana Court of Appeal · Jul 9, 2014
DISCUSSION On appeal, the plaintiffs raise the following lone assignment of error: “[t]he Judge was clearly biased, had obviously pre-judged the matter, did not conduct a fair trial and was clearly wrong in granting the motions … Due to their lack of credibility, the plaintiffs would not be able to establish their case by a preponderance of the evidence.
Cited 7 timesPublished573 F. Supp. 488 · District Court, E.D. Louisiana · Oct 20, 1983
The Federal Tort Claims Act (FTCA) is a limited waiver of this sovereign immunity. … She has since reached age eighteen which nullifies the need and ability for Dora to qualify as her tutrix. She has standing to bring her own *495 claim and the complaint should he amended to reflect this fact.
Cited 14 timesPublished118 So. 3d 1275 · Louisiana Court of Appeal · Jul 3, 2013
The test for employer liability has been established in LeBrane v. Lewis, 292 So.2d 216 (La.1974). … In Benoit, supra at 479 , the court observed that “[T]he broom stick battery on Benoit was clearly ‘employment-rooted.’
Cited 4 timesPublishedCovington v. Southern Specialty Sales Company
158 So. 2d 79 · Louisiana Court of Appeal · Nov 12, 1963
The corporation has never *88 qualified to do business in Louisiana and has not designated an agent for service of process upon it in this state. … Those restrictions are more than a guarantee of immunity from inconvenient or distant litigation. They are a consequence of territorial limitations on the power of the respective States.
Cited 13 timesPublished755 So. 2d 206 · Supreme Court of Louisiana · Feb 25, 2000
Our review of the record clearly supports this finding. Mr. … Clearly, the hybrid procedure employed by Ms. Kile falls outside the law.
Cited 48 timesPublishedDistrict Court, E.D. Louisiana · Apr 12, 2023
As public officials, defendants are entitled to qualified immunity for plaintiff’s Section 1983 claim, unless their conduct “violate[d] a clearly established constitutional right.” Harris v. … Thus, even if the evidence supports a conclusion that plaintiff’s rights were violated, qualified immunity may still be invoked, unless “the government official violated clearly established statutory or constitutional
Cited 0 timesUnknownFrench v. Claiborne Parish Police Jury
251 So. 3d 571 · Louisiana Court of Appeal · Jun 27, 2018
On November 21, 2015, the Police Jury filed a motion for summary judgment asserting that it was immune from liability under La. R.S. 15:708. … The inmates were evaluated to determine if they were qualified to work an outside job as a trusty. The Police Jury used only inmates to operate the tractors while bush hogging.
Cited 3 timesPublishedByargeon v. Concordia Chamber of Commerce, Inc.
15 La.App. 3 Cir. 900 · Louisiana Court of Appeal · Mar 16, 2016
The statute does not create an unqualified immunity against negligent acts perpetrated by any member of an unincorporated association. … The deputies were Clearly acting in á law-enforcement capacity in providing traffic control for the private *373 event.
Cited 1 timesPublished21 La. Ann. 138 · Supreme Court of Louisiana · Feb 15, 1869
Parish Judge shall receive a salary of one thousand two. hundred doHbrs per-annum, and such fees as are established by Law for District Clerks.” … W.e think this section clearly creates the office of Parish Clerk, and the words “ex officio ” do toot make it the less an office of trust.
Cited 3 timesPublishedDistrict Court, W.D. Louisiana · Jul 21, 2022
Qualified Immunity Standard The defense of qualified immunity shields government officials performing discretionary functions from liability for civil damages if their conduct … Clearly Established Law The Court next considers the second prong of the qualified immunity analysis, that is, whether Lt.
Cited 0 timesUnknown675 F. Supp. 331 · District Court, E.D. Louisiana · Dec 15, 1987
The evidence in the record establishes that the U.S. 90 property was in fact covered with “junk” and “trash” as contemplated by the Ordinance. … CLAIMS OF IMMUNITY It is settled that legislators are entitled to absolute immunity from federal damage claims for conduct while acting in a legislative capacity. Hernandez v.
Cited 1 timesPublishedBester v. SUPREME COURT COM. ON BAR ADM.
779 So. 2d 715 · Supreme Court of Louisiana · Feb 21, 2001
The legislature has clearly exempted from compelled disclosure all testing instruments used by the various Boards of Education and all other professional licensing boards. … Bester to review her February 2000 Bar Examination under the guidelines established for our Interim Review Process.
Cited 27 timesPublishedLouisiana Court of Appeal · Mar 2, 2022
R.S. 32:24, the Louisiana emergency vehicle immunity statute. … Jones’ expert report—established the absence of evidence to establish reckless disregard on Officer Delatte’s part. We agree.
Cited 0 timesPublishedSmith v. Home Depot U.S.A., Inc.
102 F. Supp. 3d 867 · District Court, E.D. Louisiana · Apr 7, 2015
A showing that the unsuccessful employee was “clearly better qualified,” as opposed to merely better or as qualified, than the employee selected will be sufficient to prove that the employer’s proffered reasons are pretext … Notably, Plaintiff does not argue that she was clearly better qualified than Ms. Bourg. In fact, Ms.
Cited 8 timesPublishedMoore v. St. Paul Fire & Marine Insurance Co.
395 So. 2d 838 · Louisiana Court of Appeal · Jan 26, 1981
This is clearly established by the evidence and mandates the conclusion Dr. … The record substantiates a reasonable factual basis for the findings of the trial court and establishes its finding is not clearly wrong.
Cited 1 timesPublishedTomas v. Conco Food Distributors
97 La.App. 3 Cir. 426 · Louisiana Court of Appeal · Oct 22, 1997
Tomas insists a careful analysis of Sibley clearly demonstrates La. … If Tomas can establish the elements of a tort claim, there is nothing stopping him from pursuing a negligence action in the proper district court.
Cited 5 timesPublished632 So. 2d 351 · Louisiana Court of Appeal · Dec 29, 1993
, it failed to remove spousal immunity from La.R.S. 14:43 (the simple rape statute) or La. … Although there was no medical, scientific or physical evidence to establish the requisite element of penetration for aggravated rape, the testimony of the victim established that (despite defendant's inability to maintain
Cited 43 timesPublished
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