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District Court, M.D. Louisiana · Mar 22, 2023
Further, Plaintiff’s discussion of qualified immunity is misplaced. … “In determining whether an official enjoys [qualified] immunity, we ask (1) whether the plaintiff has demonstrated a violation of a clearly established federal constitutional or statutory right and (2) whether the official's
Cited 0 timesUnknownNew England Mortgage Security Co. v. Metcalfe
49 La. Ann. 347 · Supreme Court of Louisiana · Feb 1, 1897
Metcalfe was the qualified tutrix of Miss Sallie B. … The inventory, it is true, is a guarantee established by law in the interest particularly of minors and others who are not sui juris.
Cited 2 timesPublished411 So. 2d 1050 · Supreme Court of Louisiana · Mar 1, 1982
Additionally, the state introduced testimony of the eye witnesses to the accident as well as the investigating officer and others, all of which tended to establish that the defendant was clearly guilty of criminal negligence … Moreover, he had previously qualified as an expert in accident reconstruction in the District Courts of this state.
Overruled — as noted by 3 later courtsCited 95 timesPublished98 La.App. 3 Cir. 327 · Louisiana Court of Appeal · Dec 16, 1998
The Lafayette Parish Council was authorized to create by resolution the Lafayette City-Parish Charter Commission consisting of nine persons, each to be a resident and qualified voter of Lafayette Parish. … not have the authority to impose parish restrictions on such establishments located within the corporate limits of the municipality.”
Cited 8 timesPublishedWalters v. Landis Construction Co.
522 So. 2d 1306 · Louisiana Court of Appeal · Mar 21, 1988
Such arrangements shall include provisions protecting individual employees against a worsening of their positions with respect to their employment which shall in no *1311 event provide benefits less than those established … Subsection (c) clearly deals with collective bargaining agreements and the benefits to transit employees thereunder.
Cited 5 timesPublishedLouisiana Court of Appeal · Feb 20, 2020
To have the procedural capacity to be sued, the Judiciary Courts, which is obviously not a natural person, must qualify as a juridical person. … Moreover, Article 5 of the Louisiana Constitution, entitled " Judicial Branch," provides for the establishment of the courts in this state.
Cited 0 timesUnknownDistrict Court, M.D. Louisiana · Feb 3, 2021
In any event, Sheriff Ard is entitled to qualified immunity. … As to the other prong of the Court’s analysis, “ ‘[q]ualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have
Cited 0 timesUnknownLouisiana Attorney General Reports · Jun 23, 2006
The statute authorizes the public entity to employ a qualified licensed auctioneer to handle the sale. … The Board is clearly not in the business of buying and selling alcohol for commercial purposes.
Cited 0 timesPublishedDistrict Court, E.D. Louisiana · Feb 10, 2021
Matranga is entitled to qualified immunity in conjunction with the initial arrest. … Although the Fourth Amendment right to be free from false arrest, i.e., arrest without probable cause, was clearly established at the time of the arrest, Plaintiffs cannot overcome the qualified immunity defense because
Cited 0 timesUnknown309 F. Supp. 697 · District Court, E.D. Louisiana · Jan 26, 1970
Another well-qualified orthopedic surgeon testified that he found no evidence of any orthopedic defect and two well-qualified neurosurgeons testified that they- did not think Jackson had a ruptured intervertebral disc in … The record clearly reveals that the claimant lost no time from work as a result of the December 10, 1966 accident.
Cited 2 timesPublished247 La. 198 · Supreme Court of Louisiana · Dec 14, 1964
No system or policy of discrimination is established merely because there are none employed at the present time. … And the burden of establishing racial discrimination rests upon the accused. Hernandez v. State of Texas, supra, and State v. Goree, supra.
Cited 47 timesPublished244 So. 3d 551 · Louisiana Court of Appeal · May 2, 2018
While the trial court has wide discretion to allow or exclude the testimony of an expert witness, if clearly erroneous, it can be reversed. See State v. … Accordingly, I find the trial court clearly erred in denying Mr.
Cited 1 timesPublishedJohnston v. St. Francis Medical Center, Inc.
799 So. 2d 671 · Louisiana Court of Appeal · Oct 31, 2001
that the findings are clearly wrong or manifestly erroneous. … Analysis-Loss Chance of Survival The plaintiffs argue that the evidence clearly establishes that Johnston had an abdominal aortic aneurysm upon his arrival at St.
Cited 5 timesPublished688 So. 2d 552 · Louisiana Court of Appeal · Sep 3, 1996
The declarant refused to testify, despite offers of immunity and the threat of contempt charges. … Coleman's statement set forth the participation of each conspirator and clearly established her part in the planning and execution of the crimes. Her part was to lure the victims to the trap. Under the law, Ms.
Cited 4 timesPublished157 La. 140 · Supreme Court of Louisiana · Nov 3, 1924
only nine years old, in the primer grade at school, and is unable to answer questions accurately without their being first put in the form of a leading question; (2) he is reluctant, hesitates on all questions asked, and clearly … But the record not only does not establish that fact, but actually negatives it.
Cited 17 timesPublished736 So. 2d 243 · Louisiana Court of Appeal · Feb 3, 1999
It is clear from the statute that its purpose is to provide the injured victim a *247 route of access directly to the insurance provider when the insured is immune from suit. … The State Farm policy entered into the record clearly shows Marai D. Saltzman as a named insured under the policy. There are no issues of fact to be decided.
Cited 2 timesPublishedCampisi v. Fidelity and Casualty Co. of New York
152 So. 2d 88 · Louisiana Court of Appeal · Jun 5, 1963
In our opinion, the evidence clearly establishes that she was negligent in attempting to walk across the southbound lane of traffic directly in front of the approaching Guidry automobile when it should have been obvious to … Thus, the majority is clearly wrong as a matter of law in holding that, even under these facts, the last clear chance doctrine does not apply.
Cited 10 timesPublished439 So. 2d 663 · Louisiana Court of Appeal · Oct 12, 1983
The State did not attempt to qualify any of these witnesses as experts. … The observations of these witnesses are clearly supported by these pictures. In State v.
Cited 2 timesPublished698 So. 2d 749 · Louisiana Court of Appeal · Aug 20, 1997
Therefore, we conclude that Bell has not affirmatively established the evidentiary strength of facts material to her claims of defamation arising out of the written report and the May 10, 1994 meeting. … Bell clearly has no personal knowledge about what, if anything, Wood said to Lemoine outside her presence.
Cited 37 timesPublishedBarnes v. Department of Highways
154 So. 2d 255 · Louisiana Court of Appeal · Jun 3, 1963
In this regard the Commission’s finding is clearly supported by the evidence. … Any other view would simply clothe the efficient employee with immunity for any wrongful or immoral act. For the reasons hereinabove assigned, the ruling of the Commission is affirmed. Affirmed.
Cited 3 timesPublished
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