Case law

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.

Nguyen v. Louisiana State Board of Cosmetology

227 F. Supp. 3d 615 · District Court, M.D. Louisiana · Dec 16, 2016

DISCUSSION Cangelosi raises the defenses of absolute immunity and qualified immunity. … QUALIFIED IMMUNITY “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Bulk Lift International, Inc. v. Flexcon & Systems, Inc.

122 F.R.D. 482 · District Court, W.D. Louisiana · Jun 13, 1988

Issues Raised In Motion to Quash Dorn argues that his subpoena and the related request for production of documents should be quashed on two grounds: attorney-client privilege and the qualified work-product immunity under … To the extent that these items request documents prepared by Dorn in anticipation of litigation involving the ’424 patent, these documents are protected under the qualified work-product immunity of Rule 26(b)(3).

Connolly v. Stone

1 La.App. 5 Cir. 929 · Louisiana Court of Appeal · Jan 15, 2002

The court in Fama addressed the issue of qualified immunity of communications made by employers about an employee, and held that the protection afforded an employer by the defense of qualified privilege may be raised in a … Black’s Law Dictionary, Fifth Edition, defines the term “testify” to mean, “to make a solemn declaration, under oath or affirmation, in a judicial inquiry, for the purpose of establishing or proving some fact.”

Brossette v. City of Baton Rouge

837 F. Supp. 759 · District Court, M.D. Louisiana · Oct 14, 1993

Defendants then filed a motion for summary judgement based on two grounds: (1) they are entitled to absolute or qualified immunity and, (2) Bros-sette’s claim under 42 U.S.C. § 1983 has prescribed. … This claim is clearly prescribed. Additionally, a review of the Board’s structure reveals that the Board and its individual members are entitled to absolute judicial immunity.

Ethyl Corp. v. Collector of Revenue

351 So. 2d 1290 · Louisiana Court of Appeal · Jan 11, 1978

ERRORS NOS. 2 & 3 In order for Ethyl to qualify for the tax credit as provided by LSA-R.S. 47:7, it is necessary that it meet the criteria established by the legislature for the granting of this tax credit. … Vial, 193 La. 1 , 190 So. 313 (1939), and that an exemption being an exceptional privilege, it must be clearly, unequivocally and affirmatively established. Meyers v. Flournoy, 209 La. 812 , 25 So.2d 601 (1946).

Insley v. Titan Ins. Co.

589 So. 2d 10 · Louisiana Court of Appeal · Oct 18, 1991

The Allen Parish Police Jury and its insurer do not qualify for immunity under the Recreational Use Statutes. Monteville v. … Given these unresolved and clearly disputed factual questions, the trial court was in error in granting the motions for summary judgment. See Chaney v.

Gautreau v. Washington

672 So. 2d 262 · Louisiana Court of Appeal · Apr 4, 1996

The legislature clearly envisioned that this immunity would be provided not only to equine professionals and equine sponsors but also other persons. … Clearly, if this privilege of immunity is not *266 extended to participants, then participants would undoubtedly be reluctant to continue to participate in equine activities.

State v. Johnson

558 So. 2d 325 · Louisiana Court of Appeal · Mar 14, 1990

testimony must be clearly exculpatory; (4) The testimony must be essential; and (5) There must be no strong governmental interests which countervail against a grant of immunity. … Defendant has clearly not met the third prerequisite; the proffered testimony *330 is not clearly exculpatory.

Touchton v. Kroger Company

512 So. 2d 520 · Louisiana Court of Appeal · Jun 26, 1987

The cases clearly state that the elements of a cause of action for false arrest against a police officer include the detention of the plaintiff and the unlawfulness of that detention. … The Court concluded that such officers are only qualifiedly immune, stating that the qualified immunity accorded an officer whose request for a warrant allegedly caused an unconstitutinal arrest is defined by the same standard

Gibson v. State

758 So. 2d 782 · Supreme Court of Louisiana · Jun 16, 2000

However, prosecutors do not have absolute immunity, although they may have qualified immunity, for their misconduct in fabricating evidence and shopping for a favorable expert witness to establish probable cause for arrest … Furthermore, the United States Supreme Court has recognized that police officers have qualified immunity from 42 U.S.C. § 1983 liability for wrongful arrests. Malley v.

Johnson v. Department of Public Safety

627 So. 2d 732 · Louisiana Court of Appeal · Dec 1, 1993

IMMUNITY FROM LIABILITY Even assuming arguendo that DPS is liable for its failure to inquire into the current health of all renewal applicants, we find that DPS is immune from tort liability under *740 the provisions of LSA-R.S … If the employee or agency had no discretion or choice as to the appropriate conduct, there is no immunity.

Bell v. Crump

94 La.App. 3 Cir. 763 · Louisiana Court of Appeal · Mar 8, 1995

Additionally, we observe the viability of LSA-R.S. 13:1886: |5The clerk shall be a qualified elector of the state. … [glnstead, the legislature has only chosen to provide city court clerks with a qualified immunity which begins after the city court clerk’s bond has been exhausted. LSA-R.S. 13:1886.

Bennett v. City of Slidell

518 F. Supp. 59 · District Court, E.D. Louisiana · Apr 3, 1981

Navaretta, 434 U.S. 555, 561 , 98 S.Ct. 855, 859 , 55 L.Ed.2d 24 , relied upon by the defendants as the basis for their claim to “absolute” immunity is inapposite, inasmuch as it speaks to “qualified” immunity only. … Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974) (officers of the executive branch are to receive qualified immunity for acts of official conduct). Judgment will be entered accordingly.

Haley v. Leary

2009 La.App. 4 Cir. 1626 · Louisiana Court of Appeal · Aug 4, 2010

not clearly wrong. … is not clearly wrong.

Shortess v. Touro Infirmary

508 So. 2d 938 · Louisiana Court of Appeal · Jun 3, 1987

The expert evidence establishes that the nature of the virus is unknown and there exists no known test for its detection. … , a non-qualified *942 health provider.

Credit v. Richland Parish School Board

85 So. 3d 669 · Supreme Court of Louisiana · Mar 13, 2012

R.S. 17:439(A) had created a qualified immunity from liability for school board employees for negligent acts of commission but not for negligent acts of omission. The court first cited the language of La. … R.S. 17:439(A) by its very wording excludes qualified personal tort immunity for negligent acts of omission. First, the omission/commission distinction is not set forth in the text of La. R.S. 17:439.

Saine v. City of Scott

819 So. 2d 496 · Louisiana Court of Appeal · Jun 12, 2002

After thorough review of the record, we cannot say the trial court’s findings were clearly wrong or unreasonable. … The suit was removed to federal court and later dismissed on grounds of qualified immunity. The negligence claim was re-filed in state court, ensuing into the current proceedings.

Levy v. Office of the Legislative Auditor

362 F. Supp. 2d 729 · District Court, M.D. Louisiana · Mar 28, 2005

The Office of Legislative Auditor, an arm of the State of Louisiana, has clearly indicated its intent to waive its Eleventh Amendment immunity by removing this suit to federal court. … Is qualified immunity an issue in this case? The Court finds that qualified immunity was properly raised as a defense in the defendants’ answer.