Case law

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.

Jacobs v. Oath for Louisiana, Inc.

2016 La.App. 4 Cir. 1060 · Louisiana Court of Appeal · Jun 22, 2017

Because all of the statements at issue are capable of a defamatory meaning, subject to a qualified privilege, and there exists genuine a issue of material fact as the record fails to establish conclusively that the DOI defendants … establish that the DOI defendants and Scheur defendants did not abuse their respective qualified privileges.

Thigpen v. Lacombe

2016 La.App. 1 Cir. 1612 · Louisiana Court of Appeal · Aug 29, 2017

On appeal, Thigpen does not dispute, and the documents offered by the parties clearly established that Cpt. … In so doing, we focus on the facts established by the documents to determine whether Opt. Lacombe acted with reckless disregard to the safety of others under the immunity protection afforded to him by La. R.S. 32:24D.

Correro v. Caldwell

166 So. 3d 442 · Louisiana Court of Appeal · Jun 3, 2015

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. … On its face, the claim against the employer was clearly prescribed.

Bandy v. International Paper Co.

690 So. 2d 902 · Louisiana Court of Appeal · Feb 26, 1997

of the immune system. … The plaintiff agrees that there are qualified physicians within recognized medical specialities, who would testify that a person's immune system is not lowered by such exposures, and that such exposures do not make a person

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.

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.

Standard Oil Co. of Louisiana v. Fontenot

198 La. 644 · Supreme Court of Louisiana · Oct 17, 1941

and affirmatively established. … The implied constitutional immunity doctrine was invoked.

Levy v. Office of the Legislative Auditor

459 F. Supp. 2d 494 · District Court, M.D. Louisiana · Aug 21, 2006

were not clearly established. … The defendants have established all of the elements required for qualified immunity to apply under the facts of this case.

Daniel v. Blaine Kern Artists, Inc.

96 La.App. 4 Cir. 1348 · Louisiana Court of Appeal · Sep 11, 1996

However, a "compensated employee of such krewe or organization" is excepted from this statutory immunity even if he would otherwise qualify. … Otherwise, they are not immune. This court finds that defendants are not immune.

Dyer v. Davis

189 So. 2d 678 · Louisiana Court of Appeal · Jul 8, 1966

statements are established. … Such comment we believe clearly within the purview of the Times decision.

Herrera v. First National Insurance Co. of America

2015 La.App. 1 Cir. 1097 · Louisiana Court of Appeal · Jun 3, 2016

Herrera refers to the trial court’s judgment as a “grant of partial summary judgment under the theory of qualified immunity.” … LAW AND DISCUSSION The LSP moved for summary judgment, asserting that its officers had qualified immunity pursuant to La.

Doucet v. Alleman

15 La.App. 3 Cir. 254 · Louisiana Court of Appeal · Oct 7, 2015

The trial court erred, in granting LDPSC’s motion for summary judgment based upon the qualified immunity for “discretionary acts” provision found in LSA-R.S. 9:2798.1 because that statute specifically excludes immunity for … Louisiana Revised Statute 9:2798.1 provides for the qualified immunity of state actors as follows: ■ *1112 |7A.

Domingue v. Stanley

784 So. 2d 844 · Louisiana Court of Appeal · May 2, 2001

Brian Paul Domingue proceeded down a small hill into a level area and then proceeded up a hill on what he believed to be a well established motorcycle or ATV trail. … Finding that the DOTD was entitled to immunity, we stated: Clearly, this accident took place in a rural setting. Because of this site's popularity, we believe it warrants being termed a recreational area.

School Board of the Parish of St. Charles v. Quala Systems, Inc.

159 F. Supp. 2d 295 · District Court, E.D. Louisiana · Mar 30, 2001

Defendant argues that, under Supreme Court jurisprudence, the Tax Injunction Act is clearly inapplicable to the facts of this matter. … As to the Eleventh Amendment argument, it points out that plaintiffs, as political subdivisions, do not qualify as the state for purposes of the Eleventh Amendment.

Larson v. XYZ Insurance Co.

2015 La.App. 4 Cir. 0704 · Louisiana Court of Appeal · Mar 23, 2016

Larson qualified as a “participant” under the immunity statute. Thus, the trial court concluded that Equest was entitled to immunity and not liable for Ms. Larson’s injuries. … R.S. 9:2795.3, the Equine Immunity Statute. Equest claims that Ms. Larson qualifies as a “participant” under the statute because she engaged in “equine activity.” Equest contends that Ms.

Muhammed v. Board of Supervisors of Southern University

715 F. Supp. 732 · District Court, M.D. Louisiana · May 17, 1989

In this case, the individual defendants plead the defense of qualified immunity in their answer, but do not state qualified immunity as a ground for dismissal in the motion. … There are no supporting documents submitted to establish the truth of these allegations.

Garlington v. Kingsley

289 So. 2d 88 · Supreme Court of Louisiana · Jan 14, 1974

We hold that the Rapides General Hospital and other charitable institutions are not immune from suit in tort and that injured parties proceeding against such institutions need not plead or establish those circumstances which … In each of these a qualified denial of writs was made. [5] 17 Tulane L.Rev. 621, an excellent comment by Robert McLean Jeter, Jr.; 26 Tulane L.Rev. 396; 32 Tulane L.Rev. 138. [6] Mr.

Anderson v. Anderson

980 So. 2d 15 · Louisiana Court of Appeal · Feb 6, 2008

The Plaintiff argues that the acts of the Defendant's employees were operational and not subject to the qualified immunity. In Fowler v. … Since the acts are discretionary, the qualified immunity statute applies. Thus, the trial judge did not err in instructing the jury that the Defendant could not be held liable without finding gross negligence.

Bennett v. Krupkin

814 So. 2d 681 · Louisiana Court of Appeal · Mar 28, 2002

Paul policy clearly provided coverage, under Hedgepeth v. Guerin, 96-1044 (La. … The burden is on a defendant to prove prematurity and initial immunity from suit as a qualified health *686 care provider under the Medical Malpractice Act. Dunn , 96-1765 at p. 6, 701 So.2d at 699 .