Case law

Bush v. Orleans Parish School Board

194 F. Supp. 182 · District Court, E.D. Louisiana · May 4, 1961

The Legislature clearly wants parents and teachers, and other interested persons, to understand that they will be punished if they have any contact with an integrated school. … The principle is well established in Louisiana that a criminal enactment which is so vague and indefinite as to fail properly to inform the public of the conduct sought to be prohibited is null as violative of the Louisiana

McNeal v. Louisiana Department of Public Safety & Corrections

District Court, M.D. Louisiana · Dec 2, 2020

were objectively unreasonable in light of clearly established law at the time of the violation.” … As to the second prong of qualified immunity—Defendants argue that the law is not clearly established that negligent conduct can violate the Fourteenth Amendment. (Id. at 11.)

State Ex Rel. Roper v. Cain

763 So. 2d 1 · Louisiana Court of Appeal · Oct 26, 1999

United States, 468 U.S. 339, 345-46 , 104 S.Ct. 3093, 3097 , 82 L.Ed.2d 260 (1984). [1] Long before Campbell , the right of black defendants to raise this issue was clearly established. In Castaneda v. … Moreover, relator makes no allegation regarding the percentage of blacks in the general or grand jury venires, or the percentage of qualified blacks in the general population. See Young, 569 So.2d at 576 .

Richard v. Gautreaux

District Court, M.D. Louisiana · Sep 25, 2025

duties reasonably.”39 In striking this balance, qualified immunity shields “government officials performing discretionary functions” from civil liability “insofar as their conduct does not violate clearly established statutory … which, if true, would overcome the defense of qualified immunity.”50 A plaintiff seeking to overcome qualified immunity “must plead specific facts that both allow the court to draw the reasonable inference that the

Riser v. AMERICAN MEDICAL INTERN., INC.

620 So. 2d 372 · Louisiana Court of Appeal · May 25, 1993

The plaintiff must first establish by a preponderance of the evidence that the doctor's treatment fell below the ordinary standard of care expected of physicians in his medical specialty, and must then establish a causal … `Some' expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exist and the likelihood of occurrence.

Stratmann v. Cardiovascular Specialists, Inc.

2010 La.App. 4 Cir. 0947 · Louisiana Court of Appeal · May 9, 2011

Unlike this case, where each negligent defendant is qualified under the MMA by a separate Certificate of Enrollment with the PCF, the negligent defendants in Brown and Otnott were not all qualified under the MMA by separate … White failed to respond to her complaints following the TEE and failed to establish office procedures for CSI’s non-physician staff to follow when receiving complaints from patients.

Jerry Lee Hendry, Jr. v. Randi Lynn George Hendry

Louisiana Court of Appeal · Apr 14, 2021

As the father of the children in this custody case, Jerry clearly has a legal interest in the subject matter of the litigation and has established a right of action in his petition. … She contends that the district court did not err in finding that Jerry failed to establish a material change in circumstances.

Opinion Number

Louisiana Attorney General Reports · Mar 31, 1993

LSA-R.S. 17:3042.31 et seq. established the Louisiana Honors Scholarship Program ("Program"). … The language of this statute clearly gives the power to determine eligible recipients to the city and parish school boards.

Wilson v. New Orleans Police Dept.

2000 La.App. 4 Cir. 2484 · Louisiana Court of Appeal · Dec 19, 2001

It also is justified in avoiding the establishment of a permanent limited duty position where the demands of the department run contrary. … Finally, the NOPD proved that its refusal to establish permanent limited duty positions was justified by the needs of the department.

Ledet v. QUALITY SHOPYARDS, INC.

615 So. 2d 990 · Louisiana Court of Appeal · Mar 5, 1993

Thereafter, Quality filed a motion for summary judgment asserting that Ledet was its borrowed employee, and that, as such, it was immune from tort liability under the LHWCA. … Clearly, then, Quality possessed the power to discharge Ledet.

State v. Huckaby

368 So. 2d 1059 · Supreme Court of Louisiana · Mar 5, 1979

The affidavit clearly recites facts sufficient to establish probable cause for the issuance of a search warrant. La.Const. Art. 1, § 5 (1974); La.C.Cr.P. art. 162. See State v. … The witness' reliance on procedures and techniques developed by others in making her comparisons does not prevent her from qualifying as an expert. See State v. Titus, 358 So.2d 912 (La.1977).

Woods v. Robinson

256 So. 3d 409 · Louisiana Court of Appeal · Sep 19, 2018

The Secretary does not challenge Petitioners' evidence but nevertheless argues that Petitioners have not established their entitlement to the credit. … As used in this Section, the following words and phrases shall have the meaning ascribed to them in this Subsection unless the context clearly indicates otherwise: **** (2) "Cost of qualified clean-burning motor vehicle fuel

State v. Umezulike

866 So. 2d 794 · Supreme Court of Louisiana · Feb 25, 2004

With regard to the issuance of a warrant, there is no doubt that if a determination of probable cause is to have any meaning, it must be made by a neutral and detached individual who is immune from "the often competitive … I, § 5 are sufficiently protected if the determination is made by a detached and neutral individual and the individual is qualified to exercise the necessary judgment. Shadwick v.

Vega v. Gusman

District Court, E.D. Louisiana · May 17, 2021

qualified immunity. … in light of clearly established law at the time of the violation.”74 Asserting a qualified immunity defense initiates a “procedure under which a district court may defer its qualified immunity ruling if further

Sacco v. Paxton

2012 La.App. 4 Cir. 1595 · Louisiana Court of Appeal · Jan 30, 2014

the finding is clearly wrong. … Paxton’s immunity from liability under the U.S. Copyright Act was not raised at trial.

Frank Miller (Jonathan Miller-Deceased) v. Rayville Manufacturing

Louisiana Court of Appeal · Nov 18, 2020

on the incline as reflected clearly in D-1 and P-A. … R.S. 23:1231, but the parties clearly stipulated to that fact even after trial concluded.

Hunnicutt v. Kent

434 So. 2d 91 · Louisiana Court of Appeal · Dec 9, 1982

By the time this suit came to trial, the operative facts were well established and defendants stipulated at the commencement of trial that: (1) The tragic accident occurred early in the morning, approximately 12:45 A.M. on … Whitehouse was simply unable to demonstrate sufficient training or experience in the field for which he sought to qualify as an expert.

Aucoin v. Southern Quality Homes, LLC

984 So. 2d 685 · Supreme Court of Louisiana · Feb 26, 2008

In addition to the improper sealing of the marriage lines, the trial court found numerous other redhibitory defects based on the plaintiff's expert witnesses' testimony that were clearly attributable to the manufacturer and … by statute or otherwise, including but not limited to immunity as provided in R.S. 23:1032, or that the other person's identity is not known or reasonably ascertainable.

Vega v. Gusman

District Court, E.D. Louisiana · Mar 29, 2022

Immunity. 1 R. … and that his actions that evening were “reasonable” under the circumstances in light of clearly established law.44 The Fifth Circuit has determined that reasonableness of an officer’s use of force is a legal conclusion

Opinion Number

Louisiana Attorney General Reports · Mar 18, 2005

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haney Corp. v. Larpenter , 583 So.2d 867 (La.App. 1st Cir. 1991) writ denied. … Previous opinions of this office state that an Assessor must inquire into the facts to determine whether the taxpayer in question complies with the criteria necessary to qualify for the exemption.