Case law

Glasgow v. PAR MINERALS CORP.

70 So. 3d 765 · Supreme Court of Louisiana · Jul 14, 2011

As a matter of plain meaning, “incompetent” is defined as “not qualified to act in a particular capacity.” New OxfoRD American Dictionary 880 (3rd ed.2010). … The fountainhead of tort liability is LSA-C.C. art. 2315; workers’ compensation liability is established by the Louisiana Workers’ Compensation Act, LSA-R.S. 23:1021, et seq. .

Lafayette City Council v. Bowen

94 La.App. 3 Cir. 584 · Louisiana Court of Appeal · Nov 2, 1994

It applied the following criteria which is clearly applicable to the present case, to-wit: ... … The Charter (organic law), which clearly grants the City Council broad powers, restricts the City Council's legal capacity to exercise such powers by establishing it as the legislative branch of city government.

NORTHWEST LA PRODUCTION CREDIT v. State

746 So. 2d 280 · Louisiana Court of Appeal · Nov 5, 1999

Thus, PCAs are federal instrumentalities, clearly designated as such by federal statute. … doctrine and that states cannot tax them in the absence of a statute which clearly and affirmatively waives this implied immunity.

Edwards v. Reynaud

463 F. Supp. 1235 · District Court, E.D. Louisiana · Jan 23, 1979

Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978), the Court held that federal investigative officers had only a qualified good-faith immunity with respect to violations of constitutional rights committed by … plaintiff argues in one conclusory sentence that Reynaud’s actions went beyond the scope of his authority, plaintiff has not contradicted the numerous facts and authorities supplied by defendants which show that Reynaud clearly

Citizen v. Theodore Daigle and Bro., Inc.

418 So. 2d 598 · Supreme Court of Louisiana · Jul 2, 1982

Plaintiff further argues that the Legislature intentionally qualified the phrase "course and scope of employment" with the term "normal", so as to restrict the immunity to those acts by a coemployee which are regularly performed … But it clearly does not fall within the Restatement's definition of an intentional act. Restatement Second of Torts § 8A.

Lamartiniere v. Wilkerson

491 F. Supp. 1285 · District Court, E.D. Louisiana · Jun 18, 1980

However, because we conclude that in any event defendant has a valid qualified immunity defense, we need not decide whether the search itself was illegal. … If defendant violated plaintiff’s Fourth Amendment rights at all, he certainly did not act “with such disregard of the [plaintiff’s] clearly established constitutional rights that his action cannot reasonably be characterized

Smith v. Dooley

591 F. Supp. 1157 · District Court, W.D. Louisiana · Jul 23, 1984

Qualified Immunity The defendants made reference to the doctrine of qualified immunity available to police officials in their pretrial memorandum. … However, the qualified immunity defense was never affirmatively pleaded in the record.

MALIKAH ASANTE-CHIOKE v. NICHOLAS DOWDLE ET AL.

District Court, E.D. Louisiana · Jun 11, 2026

The qualified immunity defense has two prongs: (1) whether an official's conduct violated a constitutional right of the plaintiff and (2) whether the right was clearly established at the time of the violation. … A qualified immunity defense alters the usual summary judgment burden of proof; when an official pleads the defense of qualified immunity, “the burden shifts to the plaintiff, who must rebut the defense by establishing

Southern Environmental Management and Specialties, Inc. v. City of New Orleans and Honorable Latoya Cantrell, in Her Official Capacity as the Mayor of the City of New Orleans and Command Construction Industries, LLC and Arch Specialty Insurance, Inc.

Louisiana Court of Appeal · May 11, 2022

R.S. 38:2241(C)—, which renders the majority’s analysis clearly erroneous. A proper statutory analysis would address the immunity provision, which the surety . . . is urging in this case. … The immunity provision clearly grants [the surety] immunity because [the subcontractor] did not follow the notice and recordation requirements before (or even after) it filed suit against [the surety].”

Jones

District Court, M.D. Louisiana · Jul 30, 2026

The law governing excessive force is clearly established; thus, whether Defendant is entitled to qualified immunity turns on the reasonableness of his conduct. See Berry, 2020 WL 1034627, at *2. … See Wingard at 724 (“it was clearly established that an officer may not use force on a restrained, compliant inmate”) and Aucoin at *3 (“Defendants are also not entitled to qualified immunity because at the time of the

Greene v. Succession of Alvarado

2015 La.App. 1 Cir. 1960 · Louisiana Court of Appeal · Dec 27, 2016

The evidence established that Terre-bonne Parish rarely experiences winter weather events sufficient to produce ice on roadways or bridges. … Tekell has not published any articles or taught any seminars on the subject, and he has never previously been qualified as having specific expertise in that area.

Franatovich v. St. Bernard Parish Government

2011 La.App. 4 Cir. 1128 · Louisiana Court of Appeal · Mar 21, 2012

The district court clearly erred in finding Darryl Franatovich only 10% at fault, where the evidence established that he drove into an open and obvious roadside ditch in broad daylight when he voluntarily left the roadway … Co., 2002-1138 (La.5/20/03), 851 So.2d 959 , explained that the immunity from liability established in La.

El-Mumit v. Fogg

542 So. 2d 149 · Louisiana Court of Appeal · Apr 11, 1989

Exceptions of no cause of action based on judicial absolute immunity and prosecutorial qualified immunity on behalf of, respectively, Judge Fogg and Assistant District Attorneys Quin, Ramsey, and Waterman, were granted as … With these allegations, plaintiff is clearly attempting to have us review his criminal proceedings. The appeal from that conviction, by operation of the law, went directly to the Louisiana Supreme Court. La. Const. art.

Kohler v. Englade

365 F. Supp. 2d 758 · District Court, M.D. Louisiana · Apr 15, 2005

Second, plaintiff contends that the test in qualified immunity cases is what a “reasonably well trained” officer would have done. … According to the plaintiff, these allegedly incompetent acts negate any claims of qualified immunity. *762 As- to the plaintiffs first four arguments, this court previously outlined the jurisprudential requirements that a

S.T.J. v. P.M.

556 So. 2d 244 · Louisiana Court of Appeal · Jan 24, 1990

In this appeal, appellant argues that the immunity urged is inapplicable to this case because defendants established a psychologist-patient relationship by undertaking treatment of the child. … With respect to testimony in judicial proceedings, the immunity of parties and witnesses from subsequent liability was well established in English common law. Briscoe v.

Ventre v. Ryder

176 F. Supp. 90 · District Court, W.D. Louisiana · Aug 12, 1959

The petition here was signed by 25 qualified voters (they were not challenged in accordance with law). … Tullier simply reiterates the well-established principle that one has a federal constitutional right to register and vote if he possesses the necessary qualifications therefor under the state law.

Sommer v. State, Department of Transportation & Development

97 La.App. 4 Cir. 1929 · Louisiana Court of Appeal · Mar 29, 2000

their actions were objectively reasonable, did not violate plaintiffs rights, and were thus protected by qualified and good faith immunity. … immunity defenses such as objectively reasonable reliance on existing law.

State v. Skinner

10 So. 3d 1212 · Supreme Court of Louisiana · May 5, 2009

constitutional right and therefore, qualified immunity applied. … Absent a showing that the ADA's action in *1218 authorizing the submission of the motion and proposed order to the magistrate violated a clearly established constitutional right, qualified immunity applied.

Dennis v. Vicksburg Shreveport & Pacific Railroad

34 La. 954 · Supreme Court of Louisiana · Jun 15, 1882

It .is a principle so universally recognized, that exemption laws must be construed strictly, that the mere announcement of the proposition establishes it. … Its occult or lateral intention not appearing, must be deemed as conducive only to that indulgence or immunity.

Smith v. State ex rel. Department of Administration

694 So. 2d 1184 · Louisiana Court of Appeal · May 9, 1997

Clearly, the absolute prosecutorial immunity adopted by the supreme court in the Knapper ease covers the actions taken by an assistant attorney general acting in the role of advocate for the state. … Verification may be required to establish probable cause where the source of the information seems unworthy, or where further information about a serious charge would be readily available.