Case law

Tippit

District Court, W.D. Louisiana · Jan 22, 2026

The Fifth Circuit has consistently held that the decision of when and whether to file criminal charges clearly falls within the scope of a district attorney’s prosecutorial duties protected by absolute prosecutorial immunity … Pope, 793 F.2d 1072, 1078 (9th Cir. 1986) (“[A] conspiracy between judge and prosecutor to predetermine the outcome of a judicial proceeding, while clearly improper, nevertheless does not pierce the immunity extended to

Hernandez v. Chalmette Medical Center

869 So. 2d 141 · Louisiana Court of Appeal · Feb 4, 2004

In order to disturb this finding on appellate review, we must conclude that no reasonable factual basis exists for the finding, and our review of the entire record must establish that the factfinder was clearly wrong or manifestly … qualified under the MMA.

State v. Gibson

197 So. 3d 692 · Louisiana Court of Appeal · Jul 6, 2015

As we did in Amos, we find that Defendant’s actions more clearly satisfy La. … C.Cr.P. art. 894.1, and whether the sentence is warranted under the facts established by the record. State v.

Mims v. Stalder

966 So. 2d 1249 · Louisiana Court of Appeal · Nov 2, 2007

service on the Defendants in order to determine whether this Court has jurisdiction and whether or not the petition states a cause of action, or cognizable claim, or is frivolous, malicious or seeks monetary damages from an immune … Additionally R.S. 15:1172(C) states the following: If an offender fails to timely initiate or pursue his administrative remedied within the deadlines established in Subsection B of this Section, his claim is abandoned and

Lockett v. STATE, DOTD

869 So. 2d 87 · Supreme Court of Louisiana · Feb 25, 2004

C.C. art. 2315.2 clearly contemplates and allows for multiple beneficiaries in each of its four classes. … We find, as did the court of appeal, that this determination by the jury was not manifestly erroneous or clearly wrong.

Brown v. Rougon

552 So. 2d 1052 · Louisiana Court of Appeal · Nov 15, 1989

In this factual posture, the trial court was not clearly wrong in finding as fact that the Sheriff had probable cause to arrest the Browns on each occasion. … The issues, before this court, cannot be resolved by deciding a question of establishment, existence or non existence of a predial servitude.

MacOn v. Costa

437 So. 2d 806 · Supreme Court of Louisiana · Sep 2, 1983

The article established the terms of all the members of levee boards throughout the state "(n)otwithstanding any ... law to the contrary...." … The 1979 act established once again four year terms for the Orleans Levee Board members, changing the then prevailing "service at the pleasure of the governor" of La.R.S. 38:281.

Caple v. Brown

323 So. 2d 217 · Louisiana Court of Appeal · Oct 29, 1975

The record and briefs of counsel establish that plaintiff is a candidate for the office of sheriff of Red River Parish. … We also find no evidence of the intent of the legislature to qualify this right in any manner.

Sunlake Apartment Residents v. Tonti Development Corp.

602 So. 2d 22 · Louisiana Court of Appeal · May 15, 1992

They argue the evidence "clearly preponderates" that fire stops and draft stops would have "greatly reduced and/or impaired the rapid spread of the fire." … The record does establish that the Tonti Group, the apartment owners/contractors, received more than $442,000 in settlement from the Raymond Group.

Guy v. ABC Insurance Co.

629 So. 2d 1350 · Louisiana Court of Appeal · Dec 16, 1993

In its reasons for judgment, the trial court stated that the City of New Orleans “had the burden of establishing that the search was connected to a lawful arrest.” … Appellants have never argued or presented evidence that a police officer acting within the scope of his duties is immune from liability for civil damages.

BD. OF COM'RS OF ORLEANS LEVEE DISTRICT v. Connick

654 So. 2d 1073 · Supreme Court of Louisiana · Mar 9, 1995

The Legislature's role in this instance is normative; the structure of our criminal justice system, where not dictated by constitutional considerations, is established by legislative enactment. … "Nor is any person immune from a criminal investigation." Perez, supra, 379 So.2d at 1386 .

Gilchrist Construction Co. v. State, Department of Transportation & Development

2013 La.App. 1 Cir. 2101 · Louisiana Court of Appeal · Mar 9, 2015

Experience alone is normally sufficient to qualify a witness as an expert. … Ivy should have been qualified as an expert in CPM scheduling. Hence, the trial court clearly abused its discretion in failing to allow Mr.

Levron v. Dupre

307 So. 2d 107 · Louisiana Court of Appeal · Dec 16, 1974

Boudreaux was purposely not qualified by plaintiff Levron as an expert. Mr. Bou-dreaux never saw plaintiff’s vehicle before the accident. … Kinchen, above, wherein such damages were allowed, is clearly distinguishable.

Westover Realty Co. v. State

208 La. 163 · Supreme Court of Louisiana · Jun 5, 1945

qualifies the right of an adjiidicatee at a tax sale to plead the constitutional peremption as a defense to an action to annul the adjudication. … The mere cutting of weeds and grass, if it occurred during the time the peremption was accruing, which is not clearly shown by the testimony, or that the original owner visited the property on several occasions during that

HARRAH'S BOSSIER CITY INV. CO. v. Bridges

41 So. 3d 438 · Supreme Court of Louisiana · May 11, 2010

. § 47:302(Q)-(R), which is dependent upon whether the tax relief provisions qualify as exemptions or exclusions. Simply put, we are called on to resolve two issues. … Tax exemptions are strictly construed in favor of the State and "must be clearly and unequivocally and affirmatively established" by the taxpayer. Vulcan Foundry, Inc. v. McNamara, 414 So.2d 1193, 1197 (La.1982).

State v. Catanese

368 So. 2d 975 · Supreme Court of Louisiana · Mar 5, 1979

Clearly, the criteria used for determining the admissibility of scientific evidence should not require the instant and unquestionable demonstration required for the judicial notice of scientific facts. [9] Other types of … Obviously, this for analysis by any experts they may wish, who may testify if they can be qualified under Point I.

Succession of Brown v. Brown

69 So. 3d 1211 · Louisiana Court of Appeal · Jun 29, 2011

The record clearly indicates that lüMrs. Huffman did not ñle a detailed descriptive list or inventory, nor did she post security prior to her appointment. On April 12, 2010, Mr. … This order is clearly contrary to the mandatory provisions of La.Code Civ.P. art. 3151. Also relevant to Mrs.

State v. Azar

535 So. 2d 441 · Louisiana Court of Appeal · Sep 12, 1988

Relator called several witnesses at the hearing on the motion to quash in order to establish the vagueness of 14:73.5. Dr. James Oliver was qualified as an expert regarding computers and computer programming. … The statute clearly prohibits the accessing of computers for fraudulent purposes. Nevertheless, the statute requires no knowledge on the part of a user that "access" has occurred.

State v. Smith

357 So. 2d 505 · Supreme Court of Louisiana · Apr 10, 1978

Clearly CAI had to comply with the provisions of the federal statute in order to qualify for federal funds, such as conducting public hearings and providing access to its books and records, 42 U.S.C. § 2796 (a), following … A consistent theme running throughout these cases is that the entity was created by the legislature or established in the first instance by the Constitution. See State ex rel. Porterie v.

Jordan v. Willis-Knighton Medical Center

911 So. 2d 351 · Louisiana Court of Appeal · Sep 21, 2005

In approving a settlement or determining the amount, if any, to be paid from the patient's compensation fund, the court shall consider the liability of the health care provider as admitted and established where the insurer … Accordingly, he states that for the PCF to raise third party fault against one of its own members, without statutory authority, would clearly violate this duty of good faith and be contrary to public policy.