Case law

Randle v. Tregre

147 F. Supp. 3d 581 · District Court, E.D. Louisiana · Dec 2, 2015

The affirmative defense of qualified immunity, asserted by all of the defendants, if established, precludes li'ability'for damages on all of plaintiffs federal law claims against defendants in their .individual capacities … of the defendants was objectively unreasonable in light of .clearly established law.”

Air Supply, Inc. v. Wahlder

9 La.App. 3 Cir. 107 · Louisiana Court of Appeal · Jun 10, 2009

. § 1983 , as defendants are entitled to absolute and qualified immunity. … We conclude that plaintiffs herein have failed to allege sufficient facts to assert that defendants violated a clearly established right of which a reasonable person would have known and, therefore, have failed to state a

Omar v. Casterline

288 F. Supp. 2d 775 · District Court, W.D. Louisiana · Sep 11, 2003

In considering the defendants’ qualified immunity claim, we must remain cognizant of the fact that the “qualified ... immunity doctrine was established to reconcile two competing interests. … that the official’s actions violated clearly established federal law.

Descant v. Adm'rs of Tulane Educ. Fund

639 So. 2d 246 · Supreme Court of Louisiana · Jul 5, 1994

The retained amount increases to $2,000,000.00 in the event the limitation of liability established by the Medical Malpractice Act is modified or abrogated. … XII, § 10. [9] Louisiana courts have held the following immunities to be personal to the insured and therefore unavailable to the insurer: interspousal immunity, parental immunity, governmental immunity, charitable immunity

Vincent v. City of Sulphur

28 F. Supp. 3d 651 · District Court, W.D. Louisiana · Oct 21, 2014

In order to overcome a claim of qualified immunity, a plaintiff must plead facts showing “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of … Was the Right Clearly Established?

Adams v. Thompson

560 F. Supp. 894 · District Court, M.D. Louisiana · Apr 14, 1983

Qualified immunity now depends on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law, not upon malice or other subjective factors. Harlow v. … Since it is clear that qualified or “good faith” immunity is an affirmative defense, Gomez v.

Richard v. Hall

874 So. 2d 131 · Supreme Court of Louisiana · Apr 23, 2004

Revised Statute 9:2795B(1) clearly supports an interpretation that an owner, lessee or occupant qualifies for the immunity where his use of the premises is not principally for a commercial, recreational enterprise for profit … that determines the availability of the immunity provisions to a qualified owner.

Minnis v. Board of Supervisors of Louisiana State University & Agricultural & Mechanical College

972 F. Supp. 2d 878 · District Court, M.D. Louisiana · Sep 18, 2013

To achieve this balance, qualified immunity shields government officials from liability when they perform discretionary functions provided that their conduct “does not violate clearly established statutory or constitutional … immunity because they do not clearly violate any of Minnis’s constitutional rights.

Brown v. St. Landry Parish Sheriff's Dept

298 F. Supp. 3d 879 · District Court, W.D. Louisiana · Mar 21, 2018

, not only from suit, but from "liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." 31 Qualified immunity … The second prong of the qualified-immunity analysis asks whether the right in question was "clearly established" at the time of the violation.

Arledge v. Sherrill

738 So. 2d 1215 · Louisiana Court of Appeal · Aug 18, 1999

Additionally, a qualified immunity generally applies to most acts of government officials. 2 Id. In Harlow v. … [[Image here]] It should not be surprising, therefore, that our cases establish that the right the official is alleged to have violated must be “clearly established” in a more particularized, and hence more relevant, sense

Opinion Number

Louisiana Attorney General Reports · Sep 13, 2002

The defendant pleading qualified immunity is entitled to dismissal before the beginning of discovery if the plaintiff's allegations do not state a claim of violation of clearly established law. Harlow v. … Further, the defendants have clearly carried their burden of pleading qualified immunity.

Louisiana Farms v. LA. Dept. of Wildlife

685 So. 2d 1086 · Louisiana Court of Appeal · Oct 9, 1996

Qualified immunity shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Applying the foregoing principles to our qualified immunity analysis, the first question becomes whether the DWF officers' conduct in constructively seizing the Bartmess' entire farming operation violated "clearly established

Smith v. Our Lady of the Lake Hosp., Inc.

624 So. 2d 1239 · Louisiana Court of Appeal · Aug 31, 1993

forth criteria for application of the qualified immunity. … conditions. [7] Had the legislature of this state envisioned that there is but one criteria for the application of the qualified immunity, the language of the statute would have clearly reflected this intent.

Mayronne v. Vaught

94 La.App. 4 Cir. 2140 · Louisiana Court of Appeal · Apr 13, 1995

Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their Rconduct does not violate clearly established statutory or constitutional rights of which … Qualified immunity does not act as an absolute bar, but rather as a threshold over which a plaintiff must pass to continue litigation.

Opinion Number

Louisiana Attorney General Reports · Nov 17, 2003

The defendant pleading qualified immunity is entitled to dismissal before the beginning of discovery if the plaintiff's allegations do not state a claim of violation of clearly established law. Harlow v. … Further, the defendants have clearly carried their burden of pleading qualified immunity.

Singleton v. Cannizzaro

372 F. Supp. 3d 389 · District Court, E.D. Louisiana · Feb 28, 2019

"Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged *411 conduct." 71 " … immunity from such claims because no constitutional violation occurred and, even if it did, the Defendants did not violate a "clearly established" right.

Piazza v. Mayne

23 F. Supp. 2d 658 · District Court, E.D. Louisiana · Oct 29, 1998

Mayne moves for summary judgment, claiming qualified immunity and Eleventh Amendment sovereign immunity. … Qualified Immunity 1. Although Mayne enjoys no Eleventh Anendment protection, he is insulated by the qualified immunity doctrine.

Broussard v. Lafayette City-Parish Consolidated Government

45 F. Supp. 3d 553 · District Court, W.D. Louisiana · Sep 5, 2014

The defendants’ motions for sanctions and the alternative motions for summary judgment on qualified immunity are DEFERRED. REPORT AND RECOMMENDATION PATRICK J. HANNA, United States Magistrate Judge. … The Punitive Damages Claims It has been thirty-three years since the Supreme Court clearly stated: “we hold that a municipality is immune from punitive damages under 42 U.S.C. § 1983 .” City of Newport v.

Opinion Number

Louisiana Attorney General Reports · Jan 31, 2000

E.D. 1998), proves helpful, as the court stated: Two kinds of immunity exists for government officials absolute immunity and qualified immunity. … Qualified immunity protects an official from liability unless the official violates "clearly established statutory or constitutional rights of which a reasonable person would have known."

Citrano v. Allen Correctional Center

891 F. Supp. 312 · District Court, W.D. Louisiana · Jun 14, 1995

Nor does it follow that the Court intended to establish a bright line rule that private parties can never be shielded by qualified immunity. … This immunity is only defeated if the official took the complained of action “with the mahcious intention to cause a deprivation of rights,” or the official violated clearly established statutory or constitutional rights