Case law

Reyes v. Sazan

981 F. Supp. 973 · District Court, E.D. Louisiana · Oct 27, 1997

If plaintiffs can prove their assertions, such behavior would violate clearly established constitutional rights and the Troopers and possibly the Supervisors would not be entitled to qualified immunity. … Thus defendants are not entitled to a dismissal based on qualified immunity.

Jackson v. St. Paul Ins. Co.

897 So. 2d 684 · Louisiana Court of Appeal · Dec 17, 2004

(emphasis added). [1] Although the 1976 version of Louisiana R.S. 23:1061 mirrored the section 1032 language defining a principal, neither clearly defined "trade, business or occupation." … However, Gulf Liquids established that a written contract existed between it and the primary contractor, Gulsby Engineering, Inc., which recognized Gulf Liquids as a statutory employer. Thus, pursuant to La.

Terrebonne Parish NAACP v. Jindal

154 F. Supp. 3d 354 · District Court, M.D. Louisiana · Dec 8, 2015

Qualified Immunity Under § 1983 Second, the defendants argue that they cannot be liable under § 1983 because they are entitled .to qualified immunity. … The defendants have failed to demonstrate that they are entitled to qualified immunity as a *362 matter of law, and therefore are not entitled to judgment on the pleadings, 1 3.

Stroebel v. Rainwater

742 F. Supp. 2d 870 · District Court, E.D. Louisiana · Oct 8, 2010

It is axiomatic that the Eleventh Amendment “bars an individual from suing a state in federal court unless the state consents to suit or Congress has clearly *873 and validly abrogated the state’s sovereign immunity.” … This Court has previously held that as an agency of the State of Louisiana, the Louisiana Recovery Authority qualifies as the "state” for purposes of Eleventh Amendment immunity.

Dixie Brewing Co. v. U.S. Department of Veterans Affairs

952 F. Supp. 2d 809 · District Court, E.D. Louisiana · Jun 10, 2013

By relying on the Tucker Act, which no longer confers jurisdiction on this Court, Dixie cannot establish federal question jurisdiction or waiver of sovereign immunity. C. … The case literature clearly establishes the four prerequisites for the issuance of an injunction.

Board of Comm'rs. of Port of New Orleans v. Splendour S. & E. Co.

273 So. 2d 19 · Supreme Court of Louisiana · Jan 15, 1973

If any of the several states elects to waive its sovereign immunity and consent to being sued as such, it may limit or otherwise qualify such consent...." (Emphasis added.) … Clearly the Court's authority is gained elsewhere than in the constitution, without which it has no authority.

Richard v. BD. OF SUPER. OF LA. STATE UNIV.

960 So. 2d 953 · Louisiana Court of Appeal · Mar 28, 2007

Richard's claims had prescribed, were moot, were barred by LSU's Eleventh Amendment immunity, were barred by Ms. Rogé's qualified immunity, and that the reason for Ms. … If the court determines that the law was clearly established at the time the action occurred, the Harlow analysis requires the public official claiming immunity to show that, because of extraordinary circumstances, "he neither

Fisher v. Catahoula Parish Police Jury

14 La.App. 3 Cir. 1034 · Louisiana Court of Appeal · Apr 29, 2015

This conflict within article 966 raises the question of whether these two exhibits should be considered at all; clearly, before Act 391, they would not have been. The affidavits of Mr. Fisher and Mr. … The insurance adjuster is not even named, much less shown to be qualified to express such opinions.

Gregor v. Argenot Great Central Ins. Co.

817 So. 2d 152 · Louisiana Court of Appeal · Jun 21, 2002

If the employee has a choice as to appropriate conduct, there is no immunity. … This argument is a veiled attempt to apply the qualified immunity adopted in LSA-R.S. 9:2798.1. [3] DHH has attached a copy of this article from the university's web site.

Sanchez v. CANEZARO

11 So. 3d 1246 · Louisiana Court of Appeal · Jun 19, 2009

The evidence clearly shows that Chief Gueho neither witnessed Boyd Sanchez operating the bike on the day of the accident nor did he even know that Boyd was on a bicycle that day. … Moreover, the evidence in the record supports a finding that Chief Gueho and the Village of Fordoche qualify for the statutory immunity afforded by La. R.S. 9:2798.1. Mr.

Sinclair v. State, Louisiana Department of Public Safety and Corrections

769 So. 2d 1270 · Louisiana Court of Appeal · Nov 3, 2000

But the alternative of qualifying a prosecutor's immunity would disserve the broader public interest. … The court stated clearly that it felt that Mr. Brooks was acting as an "advocate of the state" at all times and in all actions he undertook in regard to Mr. Sinclair's case.

Kyser v. Metro Ambulance, Inc.

764 So. 2d 215 · Louisiana Court of Appeal · Jun 21, 2000

We must determine whether the limitation on liability established in La. … R.S. 13:3715.3(C), which granted qualified immunity to peer review committee members. The court of appeal reversed.

Cheathon v. Brinkley

822 F. Supp. 1241 · District Court, M.D. Louisiana · Jun 4, 1993

Defendant further asserts that in the event a procedural due process violation did occur, he is entitled to qualified immunity because it was not clearly established at the time of plaintiffs suspension that a tenured civil … In the context of a case involving issues of qualified immunity, “a district court is obligated to grant summary judgment if the law at the time of the actions giving rise to the complaint did not clearly establish a cause

Lewis v. Goodie

798 F. Supp. 382 · District Court, W.D. Louisiana · Jul 16, 1992

The affirmative defense of qualified immunity was not raised by the defendants in their pleadings, memoranda or at trial, and was, accordingly, waived. … defendant’s actions assessed in light of clearly established law. 483 U.S. at 639 , 107 S.Ct. at 3038 .

Howell v. Town of Ball

90 F. Supp. 3d 629 · District Court, W.D. Louisiana · Mar 3, 2015

Qualified or “good faith” immunity is an affirmative defense which must be pled by a defendant seeking its protection. 59 Qualified immunity generally protects government officials performing discretionary functions from … attributed to the Defendants asserting the defense of qualified immunity, Plaintiff must show: (1) that Defendants violated a constitutional right; and (2) that the right was clearly established at the time of the alleged

Austin v. Abney Mills, Inc.

785 So. 2d 177 · Louisiana Court of Appeal · Apr 4, 2001

R.S. 23:1032 (the worker's compensation immunity provisions). … R.S. 23:1032 to extend the employer's tort immunity to executive officers.

Lee v. Quinn

229 So. 3d 13 · Louisiana Court of Appeal · Sep 15, 2017

R.S. 40:1231.1, et seq., and was entitled to immunities from liability and limitations of liability as a qualified healthcare provider. … Boudreaux maintained that he was a qualified health care provider pursuant to Louisiana law and was entitled to immunities from liability and limitations of liability as a qualified healthcare provider, and that he possessed

Louisiana State Board of Medical Examiners v. Charpentier.

140 La. 405 · Supreme Court of Louisiana · Nov 13, 1916

, or to water-cure establishments. … in his own establishment may be regarded as more responsible than the itinerant vendor.

Opinion Number

Louisiana Attorney General Reports · May 1, 2003

In order to qualify for this immunity from civil liability, a heavy burden is placed on FETI to ensure that the state's firemen have been trained according to the national standards mentioned above. Since LA. … In order to qualify for the liability immunity of its own fire fighters, they must employ training services from FETI, or services that are approved by FETI. We hope this answers you inquiry.

Rogers v. Columbia/HCA of Central Louisiana, Inc.

971 F. Supp. 229 · District Court, W.D. Louisiana · Jun 9, 1997

. § 11101 , et seq., which establishes immunity for physician peer review committee actions in qualifying circumstances. 2 This suit is precisely the type that the HCQIA is intended to prevent. … Immunity Under the HCQIA The HCQIA provides immunity for qualifying peer review actions. The principal issue in this ease is whether the defendants are shielded because they complied with the dictates of the HCQIA.