Case law

State v. Sylvester

388 So. 2d 1155 · Supreme Court of Louisiana · Sep 3, 1980

At trial the prosecution based its case on evidence relating to motive and on the testimony of Ford, to whom immunity had been granted. … involve prosecutorial misconduct in suppressing favorable evidence, but rather the exercise of judicial discretion in determining whether the evidence is materially favorable. [6] Moreover, the evidence at issue is not clearly

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

State v. Lard

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.

Garvin v. Perret

670 So. 2d 1250 · Louisiana Court of Appeal · Feb 14, 1996

However, the immunity does not extend to intentional torts or *1253 the employee not in the course and scope of his employment. … He notes that Perret and Dodgen had control over plaintiff, had the right to fire plaintiff, furnished the tools and place to work and established the work to be performed.

Carnes v. Wilson

118 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.’

McCoy v. Louisiana State Board of Education

229 F. Supp. 735 · District Court, E.D. Louisiana · May 20, 1964

The sovereignty of the state must be protected, and its immunity from suit without its consent as proclaimed by the Eleventh Amendment must be recognized. … Louisiana law clearly prohibits a suit against the Louisiana State Board of Education without the consent of the state. Such consent has not been given.

Municipality No. Three v. Michoud

6 La. Ann. 605 · Supreme Court of Louisiana · Jun 15, 1851

We must, within certain limits, apply the law as we find it written, and be guided exclusively by the established rules of interpretation, which can alone give it certainty. … The first section of the act of 1847 clearly comes within the intendment of its title.

Adams v. Walker

District Court, E.D. Louisiana · May 12, 2025

or Alternatively, Motion for Judgment on the Pleadings Based on Qualified Immunity (Doc. 91). … Because Plaintiff failed to meet his burden of proving that Defendant Walker’s qualified immunity defense was inapplicable, the Court found that Plaintiff did not overcome Defendant Walker’s qualified immunity defense.16

Comeaux v. Grey Wolf Drilling

93 La.App. 3 Cir. 1289 · Louisiana Court of Appeal · May 4, 1994

There was no evidence submitted at trial establishing that Grey Wolf had already satisfied payment of $50,000.00 of this claim. … Grey Wolf cannot now hide behind its self-insurance arrangements for immunity from penalties and attorney's fees.

Bester 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.

Slone v. Greber

989 So. 2d 273 · Louisiana Court of Appeal · Aug 13, 2008

The trial court granted the officer statutory immunity under La. R.S. 32:42(C) and rejected plaintiff's claim for damages. This appeal ensued. We affirm. … clearly wrong.

Scott v. Stokes

976 So. 2d 769 · Louisiana Court of Appeal · Jan 23, 2008

No otherwise qualified disabled person shall, on the basis of a disability, be subjected to discrimination in employment B. … Clearly, if a person is not found to have a "known physical limitation," then they are not owed a "reasonable accommodation." La.Rev.Stat. 23:322(9).

Opinion Number

Louisiana Attorney General Reports · Sep 17, 2001

There is no indication that it is meant to be an exception to the rule of § 14(A); the exceptions are clearly contained in § 14(B). … Unless the fundamental rights or privileges or immunities of a person are involved, a strong presumption exists that the legislature, in adopting legislation, has acted within its constitutional authority.

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.

Holly v. Housing Authority of New Orleans

684 F. Supp. 1363 · District Court, E.D. Louisiana · May 4, 1988

The assistance contract was authorized under Section 8 of the United States Housing Act, which provides for direct subvention payments to private lessors on behalf of qualified low-income lessees. 1 42 U.S.C. § 1437f. … The Phelps holding is clearly at odds with recent Supreme Court case law discussed infra. 7 .

Arnold v. Ouachita Parish Fire Department

12 So. 3d 461 · Louisiana Court of Appeal · May 13, 2009

The trial court erred in finding that the discretionary function immunity conferred by La. … that the fact finder is clearly wrong or manifestly erroneous.

Brown v. City of Alexandria

District 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.

Wingfield v. STATE, DEPT. OF TRANSP.

835 So. 2d 785 · Louisiana Court of Appeal · Nov 8, 2002

or establish that the majority of their opinions were scientifically unreliable. … That is, the trier of fact's findings may be set aside only if found to be clearly or manifestly wrong. See Snearl v.

Montgomery v. Logsdon

District 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

Batson v. South Louisiana Medical Center

750 So. 2d 949 · Supreme Court of Louisiana · Nov 19, 1999

Standard of Review A trial court's findings of fact may not be reversed absent manifest error or unless clearly wrong. Stobart v. … This court has noted that the Act must be strictly construed because it grants immunity or advantages to special classes in derogation of general rights available to tort victims.