Case law

Poche v. Gautreaux

973 F. Supp. 2d 658 · District Court, M.D. Louisiana · Sep 17, 2013

The Court clarified that in such instances, “only a qualified immunity is afforded.” Id. … And although Knapper indicates that the District Attorney may be entitled to “a qualified immunity” on Poche’s claims, id., the District Attorney has failed to make this argument.

Danos v. Jones

721 F. Supp. 2d 491 · District Court, E.D. Louisiana · Jul 8, 2010

Furthermore, fundamental to Danos’s attempt to avoid the application of sovereign immunity is the fact that “to qualify for the ultra vires exception, [Danos] must assert a viable cause of action.” Howe v. … Accordingly, Danos has also failed to establish the unconstitutional acts basis for the Larson ultra vires exception to sovereign immunity. 6 V.

Guillory v. Administrators of Tulane University of Louisiana

203 F. Supp. 855 · District Court, E.D. Louisiana · Mar 28, 1962

Clearly, the administrators of a private college are performing a public function. They do the work of the state, often in the place of the state. 12 Does it not follow that they stand in the state’s shoes? … Needless to say, the instant decision offers no justification for a policy of admitting qualified Negro applicants “on a controlled basis.”

Strata v. Williams

94 La.App. 4 Cir. 1150 · Louisiana Court of Appeal · Nov 30, 1994

The party challenging the constitutionality of a statute bears the burden of proving clearly that the legislation is invalid or unconstitutional. … The opponent must establish clearly and convincingly that the constitutional aim was to deny to the legislature the power to enact the legislation. Id. at 388 . (Emphasis added).

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.

Enron Equipment Procurement Co. v. THE M/V TITAN 2

82 F. Supp. 2d 602 · District Court, W.D. Louisiana · Dec 13, 1999

If the entity qualifies, it is afforded the protections of sovereign immunity. There are numerous ways under § 1605(a) to waive the immunity in order for a court to obtain in personam jurisdiction. … The other extreme is when general vague language clearly does not explicitly waive immunity.

Lamartiniere v. Allstate Insurance Co.

597 So. 2d 1158 · Louisiana Court of Appeal · Apr 10, 1992

If the defendant shows that the state constitutional right alleged to have been violated was not clearly established, the defendant is entitled to qualified immunity. … Under the above circumstances, the constitutional right in question was not clearly *1163 established and Wilkerson had qualified immunity.

In Re Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010

747 F. Supp. 2d 704 · District Court, E.D. Louisiana · Oct 6, 2010

Defendants argue that § 1349 of the Outer Continental Shelf Lands Act (“OCS-LA”) clearly supports this Court’s original subject matter jurisdiction. … Maine, 527 U.S. 706, 728-29 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999) (stating the amendment merely confirmed, rather than established, the principle of sovereign immunity); Federal Maritime Commission v.

Catalanotto v. Lifemark Hospitals of Louisiana, Inc.

94 La.App. 5 Cir. 403 · Louisiana Court of Appeal · Dec 14, 1994

In connection with the exception of prematurity, the following was established: St. Jude first became a member of the Fund on January 24, 1989 and is “qualified” as a self-insured health care provider. St. … The burden is on a defendant to prove immunity from suit as a qualified health care provider under the Act. Goins v. Texas State Optical, Inc., 463 So.2d 743, 744 (La.App.4th Cir.1985).

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 .

Forman v. Ours

804 F. Supp. 864 · District Court, E.D. Louisiana · Oct 8, 1992

Immunity is either absolute and qualified, and the function an official performs determines which form of immunity applies. … Absolute immunity is granted when officials, because of their specialized functions, require greater protection than qualified immunity affords. 6 Absolute immunity is most commonly given to those who perform prosecutory,

Richardson v. Henderson

651 So. 2d 501 · Louisiana Court of Appeal · Mar 3, 1995

To perform their duty, the police were obligated to enter the home and because the method utilized was not excessive, they were entitled to qualified immunity from civil liability. … Although this circumstance was unfortunate, it does not establish an excessive use of force. This untidy house was used as an illegal bar, i.e. “blind tiger”, cafe and residence.

Smith v. Thibodeaux

District Court, M.D. Louisiana · Mar 28, 2024

Defendants assert the qualified immunity defense.55 The doctrine of qualified immunity “balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly … Request to Delay Ruling on Qualified Immunity Until Discovery In his Opposition, Plaintiff requests that the Court delay ruling on the applicability of the qualified immunity defense until he has been given the

United States v. Cruikshank

25 F. Cas. 707 · U.S. Circuit Court for the District of Louisiana · Apr 15, 1874

But with ■regard to mere constitutional prohibitions of state interference with established or ac- ■ knowledged privileges and immunities, the appropriate legislation to enforce such prohibitions is that which may be necessary … On. the other hand, when the provision is violated: by the passage of an obnoxious law, such law is clearly void, and all acts done under it will be trespasses.

St. Angelo v. United Scaffolding, Inc./X-Serv., Inc.

2009 La.App. 4 Cir. 1420 · Louisiana Court of Appeal · May 19, 2010

Therefore, it is established that Global Services can clearly contract on ExxonMobil’s behalf as a result of the Master Services Agreement and their general status as a subsidiary of ExxonMobil. … This Court also finds that the July 1, 2004 Amendment to the CSA clearly establishes the application of this statutory employer status to both ExxonMobil and Chalmette Refining, L.L.C.

Neuburger v. State ex rel. State Department of Highways

162 So. 2d 183 · Louisiana Court of Appeal · Mar 2, 1964

Whether the person so authorized qualifies as “tutor” or “administrator” should make no difference. … A motorist, travelling by night, is not required to guard against striking an unexpected or unusual obstruction *186 which he could not anticipate would be encountered on the highway, unless the same were clearly marked,

Armand v. Lady of the Sea General Hospital

2011 La.App. 1 Cir. 1083 · Louisiana Court of Appeal · Dec 21, 2011

No civil action against a qualified health care provider or its insurer may be commenced in any court before the claimant’s proposed complaint has been presented to a medical review panel established pursuant to the Act. … The burden is on a defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the Act. Id.

Marino v. BOH BROS. CONST. CO., LLC

982 So. 2d 887 · Louisiana Court of Appeal · Apr 2, 2008

In its report, OSHA cited 29 C.F.R. § 1926.753 (d)(2)(iii) which provides that when working under suspended loads, all loads shall be rigged by a qualified rigger. … Boh Bros. may have been negligent, as the OSHA citation suggests, but it still receives statutory immunity from La.

Williams v. Touro Infirmary

578 So. 2d 1006 · Louisiana Court of Appeal · Apr 16, 1991

We disagree that plaintiffs' participation in Touro's retirement program established a fixed term of employment. Plaintiffs' entitlement to retirement benefits was not a contract for a specific term. … In effect, assertion of a qualified privilege amounts to rebuttal of the allegation of malice.

Brenda Lewis v. City of Bastrop

Louisiana Court of Appeal · Sep 25, 2019

The trial court found him qualified as an expert in these fields. 6 left unaddressed” or that there was “any kind of malice or intent in that way.” … Once a defendant establishes that it was entitled to immunity under La. R.S. 9:2795, the burden of establishing a malicious or willful failure to warn of a dangerous condition shifts to the plaintiff. Doyle v.