Case law

Meyers v. Flournoy

209 La. 812 · Supreme Court of Louisiana · Mar 18, 1946

Since the object of plaintiff’s suit is to secure an exemption from taxation, the exemption must be clearly established. … It is the uniform and settled jurisprudence of this and other states that an exemption from taxation being an exceptional privilege, it must be clearly, unequivocally and affirmatively established. Hibernia Nat. Bank v.

Mississippi River Fuel Corp. v. Cocreham

247 F. Supp. 819 · District Court, E.D. Louisiana · Nov 30, 1965

It clearly could not legally do this, and it has not attempted to do so. … But, under the Indiana decisions, which have met with the approval of the Supreme Court of the United States, the owner of the land has only a qualified right to the oil and gas beneath the surface — the rights to reduce

Smith v. Continental Casualty Co.

98 La.App. 1 Cir. 2896 · Louisiana Court of Appeal · Feb 18, 2000

He found Brad was clearly in the course of his employment, Ras he was on the job and working as an inspector at the time he was killed. … First, she argues the evidence submitted by DOTD was insufficient to establish this element, as DOTD did not establish exactly what Brad was doing at the time he was killed.

State v. Culpepper

434 So. 2d 76 · Louisiana Court of Appeal · Dec 2, 1982

The formulation of psuedomemories during a hypnotic session may cause a witness to become resistent to cross-examination and immune to effective impeachment thus denying the accused his right to confrontation, an error of … Although hypnosis is a valuable medical technique having scientific approval by physicians and psychiatrists, its value in the courtroom has not been so clearly established as to outweigh the potential for abuse or misuse

Lemly v. St. Tammany Parish Hospital District No. 1

614 F. Supp. 2d 727 · District Court, E.D. Louisiana · Jul 30, 2008

She worked five days a week as an immunization coordinator at the Center. (R. Doc. 25-1 at 15). … The moving party bears the burden of establishing that there are no genuine issues of material fact.

Sibley v. Bd. of Sup'rs of Louisiana State University

477 So. 2d 1094 · Supreme Court of Louisiana · Sep 18, 1985

Jane Sibley clearly fits within the class of individuals disadvantaged by the statutory classification. … of state immunity.

Thomas v. Schwegmann Giant Supermarket

561 So. 2d 992 · Louisiana Court of Appeal · May 15, 1990

Is Schwegmann Immune from Liability for the Detention? … Glue is clearly not listed as one of the contents. Furthermore, the labeling on the package face *996 clearly indicates in three prominent locations that the nails are applied with "stick-on" tape, not glue.

Bordelon

District Court, E.D. Louisiana · Mar 31, 2026

Qualified immunity is applicable unless the official's conduct violated a clearly established constitutional right. Anderson v. Creighton, 483 U. S. 635, 640 (1987). … Even if the evidence supports a conclusion that plaintiff's rights were violated, qualified immunity may still be invoked unless “the government officials violated clearly established statutory or constitutional rights

Bonnette v. State

972 So. 2d 340 · Louisiana Court of Appeal · Nov 14, 2007

Neither the state, a state agency, nor a political subdivision should be immune from suit and liability in contract or for injury to person or property. The plaintiffs' EMTALA claim clearly sounds in tort. … Thus, the State has waived its immunity.

Trey Brooks, Tristan Brooks and Alandre' Brooks Individually and on Behalf of Donovan Brooks v. Bienville Parish Police Jury, Bienville Parish Sheriff, John E. Ballance, Charlotte Hubbard, Shawn Hubbard, City of Ringgold and Gerald Miller

Louisiana Court of Appeal · Oct 1, 2025

The Gray court ultimately determined that the BPPJ had immunity under La. R.S. 9:2798.1 and obligated to establish a shelter or service for sheltering vicious animals. La. … R.S. 3:2774, which clearly mandates that the parish “shall provide” suitable shelters or facilities “for dogs seized.”

Ebarb v. Guinn Bros. Inc.

691 So. 2d 228 · Louisiana Court of Appeal · Apr 2, 1997

established. … Because there remains a material issue of fact as to whether the nature of this property qualifies it for immunity under the recreational use statutes, summary judgment is *234 not appropriate. O'Quinn v.

Rivera v. Bolden's Transportation Service, Inc.

2011 La.App. 1 Cir. 1669 · Louisiana Court of Appeal · Jun 28, 2012

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 the defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the Act. Id.

Williams v. State, Dept. of Health and Hospitals

703 So. 2d 579 · Supreme Court of Louisiana · Dec 2, 1997

XII, § 10(A)] clearly intended that the state not be afforded substantive defenses, unavailable to private litigants, based simply on its governmental status. Chamberlain, 624 So.2d at 886 . … R.S. 49:1299.39 does not violate Section 10(A) in the present case, the majority relies on the following language in the Chamberlain decision: "In prohibiting immunity from liability as well as from suit, the framers clearly

Sharp v. Lucky

148 F. Supp. 8 · District Court, W.D. Louisiana · Jan 30, 1957

is important, we think, in analyzing plaintiff’s charges against defendant, to take note of what facts he does not allege in his complaint, as well as what he affirmatively avers; i. e., absence of jurisdiction will more clearly … In that case the plaintiff was a woman who, otherwise fully qualified, had been denied a license to practice law by the Supreme Court of Illinois.

Borel v. Young

989 So. 2d 42 · Supreme Court of Louisiana · Aug 29, 2008

Clearly, the 1987 legislative amendments to La.Rev.Stat. 9:5628 were not intended to change the law. … Rev.Stat. § 9:5628 establishes a peremptive time period. Because plaintiffs' action against Dr.

Asante-Chioke v. Dowdle

District Court, E.D. Louisiana · Dec 20, 2024

There are two prongs of the qualified immunity inquiry: whether a constitutional right was violated, and whether that right was “‘clearly established at the time of the challenged conduct.’” … Supreme Court has made plain that discovery is limited to the “threshold immunity question” of “the currently applicable law [and] whether that law was clearly established at the time the challenged action occurred[.]

Whitesides v. Equifax Credit Information Services, Inc.

125 F. Supp. 2d 813 · District Court, W.D. Louisiana · Dec 4, 2000

Expe-rian asserts that the qualified immunity granted by 1681h(e) protects them from liability absent proof of malice or willful intent to injure the consumer. … (e) affords consumer reporting agencies with qualified immunity.

Hankins v. Wheeler

District Court, E.D. Louisiana · Sep 6, 2023

Qualified Immunity For lawsuits brought against public officials under 42 U.S.C. § 1983, the Supreme Court has established the doctrine of qualified immunity. … Second, the plaintiff must show that the “violated right was ‘clearly established’ at the time of the alleged violation.” Id. at 329.

Mercer v. Lowe

217 So. 3d 1235 · Louisiana Court of Appeal · Apr 5, 2017

exists; or (2) To acts or omissions which constitute criminal, fraudulent, malicious, intentional, willful, outrageous, reckless, or flagrant misconduct. | fiThus, although BPSO and its employees may be entitled to the qualified … immunity set forth in La.

Murphy Cormier General Contractor, Inc. v. State, Department of Health & Hospitals

12 La.App. 3 Cir. 1000 · Louisiana Court of Appeal · May 22, 2013

Qualified Immunity DHH argues that its employees were subject to qualified immunity in the exercise of discretion pertaining to their duties, thus the trial court erred in not granting summary judgment in its favor. … DHH claims that the evidence supports a finding that the law pertaining to Section 729 was not “clearly established,” thus entitling DHH employees to immunity. Louisiana Revised Statutes 9:2798.1 states in part: A.