Case law

Nichols v. Cain

871 So. 2d 654 · Louisiana Court of Appeal · Apr 2, 2004

The district court erred in failing to find that the defendants showed a “specific and deliberate conduct to violate clearly established statutory and constitutional rights.” 3. … The district court erred in failing to find that defendants are not entitled to qualified immunity in “this suit for monetary damages and injunc-tive relief via judicial review.” 5.

Two O'Clock Bayou Land Co. v. State

415 So. 2d 990 · Louisiana Court of Appeal · May 26, 1982

Prior to the adoption of our 1974 constitution an action to establish title or ownership to real rights claimed by the state could only be brought after obtaining authorization of the state. Daigle v. … The clearly expressed intent was to adopt the doctrine of sovereign immunity as part of our basic law, and to waive that immunity in the field of contracts and torts as exceptions to the general rule. " [Emphasis added.]

Patterson v. Martin Forest Products, Inc.

774 So. 2d 1148 · Louisiana Court of Appeal · Dec 15, 2000

It allows the policy of the workers' compensation immunity provisions to triumph totally over the policy of the Child Labor Law. … Allan's receipt of these benefits does not qualify as an election of remedies and while his acceptance of workers' compensation benefits will not bar his suit in tort, his employer (or its workers' compensation insurer) may

Rider v. AMBEAU

973 So. 2d 177 · Louisiana Court of Appeal · Dec 21, 2007

established legal rules and were not entitled to immunity under La. … Rider's "employers," we pretermit discussion of whether they were entitled to summary judgment dismissing them from this suit on the basis that the were entitled to qualified immunity under La. R.S. 9:2798.1(B).

Anderson v. Orleans Parish School Board

340 F. Supp. 2d 716 · District Court, E.D. Louisiana · Aug 3, 2004

This clause clearly derogates from laws enacted for the protection of the public interest. … This is as it should be so that the superintendent is not immune from oversight and supervision.

Richard v. Hall

843 So. 2d 433 · Louisiana Court of Appeal · Feb 14, 2003

provisions established pursuant to La. … Therefore, our interpretation that SSI qualifies for immunity pursuant to the dictates of La. R.S. 9:2791, et seq, does not constitute a broadening of the statute. The judgments of the trial court are affirmed.

Sunda v. United Services Automobile Ass'n

0 La.App. 3 Cir. 1425 · Louisiana Court of Appeal · May 23, 2001

Since UM carriers were not included in the list of | ¿persons entitled to immunity from suit, as provided by La.R.S. 23:1032, the supreme court held they qualified as “third persons” even if they do not actually injure the … Since there is no underlying uninsured or under-insured person due to the immunity provision of La.R.S. 23:1032, USAA is not legally liable to Sunda. Bolton v.

Dantin

District Court, W.D. Louisiana · May 12, 2026

Because it is plaintiff’s burden to establish that the challenged conduct violated clearly established law, the district court may, but is not obliged to, undertake the clearly established law analysis on its own. … a qualified immunity defense with equal specificity.”

Dutrey v. Plaquemine Manor Nursing Home

2012 La.App. 1 Cir. 1295 · Louisiana Court of Appeal · Jun 17, 2013

As previously noted, the burden is on the defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the MMA. Armand, 11-1083 at p. 5, 80 So.3d at 1226 . … In the instant matter, the Petition does not establish whether Plaquemine Manor was a qualified health care provider under the MMA.

Granger v. Christus Health Central Louisiana

144 So. 3d 736 · Supreme Court of Louisiana · Jun 28, 2013

Granger, 20 clearly 42 U.S.C.A. § 11112 (c)(2) required a post-suspension hearing. … |min determining the applicability of the qualified immunity, a court must engage in a two-step analysis.

Jones v. Town of Woodworth

15 La.App. 3 Cir. 568 · Louisiana Court of Appeal · Nov 4, 2015

JONES, SR.” ' The Town of Woodworth and Officer Sikes had also plead in their “Answer To Plaintiff’s Petition for Damages,” the affirmative defense of qualified immunity pursuant to La.R.S. 9:2798.1, La.R.S. 9:2800-2800.52 … A panel of our court decided to review the case on appeal under a duty/risk analysis pursuant to La,Civ.Code art. 2315, rather than apply the analysis applicable to statutory qualified immunity.

Ratcliff v. Town of Mandeville

491 So. 2d 436 · Louisiana Court of Appeal · Oct 10, 1986

Clearly a boat dock or launch would come under the definition of a structure. … [LSA-R.S.] 9:2795 is not designed to re-establish immunity on the basis of a sovereign status.

Black v. McDermott Intern. Inc.

692 So. 2d 724 · Louisiana Court of Appeal · Apr 2, 1997

Gervais Favrot Co., Inc., 537 So.2d 381 (La.App. 4 Cir.1988), this court held that LSA-R.S. 23:1061 must be read disjunctively and the employer qualifies for the two-contract defense if he proves the existence of a general … The two-contract defense is established in our caselaw which is binding upon us unless altered by the Supreme Court's Kirkland decision.

Herrin v. Perry

215 So. 2d 177 · Louisiana Court of Appeal · Oct 31, 1968

In Hamilton, the grounds of the plea of immunity was the previously well established rule that an action ex delicto does not lie against a municipality for an offense committed by its employees while engaged in the performance … We discussed the question of whether the 1960 amendment to Article 3, Section 35 of the Louisiana Constitution established a general waiver of immunity. We noted particularly the case of Pittman Construction Company v.

Rogers v. Ash Grove Cement Co.

799 So. 2d 841 · Louisiana Court of Appeal · Nov 2, 2001

In their exception, the defendants pled the qualified privilege extended to litigants in a judicial proceeding. … clearly on the face of the pleadings.

Orillion v. Alton Ochsner Medical Foundation

96 La.App. 5 Cir. 494 · Louisiana Court of Appeal · Nov 26, 1996

Both defendants claim they were immune from tort liability on the basis that they were statutory employers. … Furthermore this section establishes that employers, including principals as defined by the statute, are immune form tort liability to their employees. Keller v.

National Treasury Employees Union v. Reagan

651 F. Supp. 1199 · District Court, E.D. Louisiana · Jan 14, 1987

It seems inconceivable to the Court that an action of this type could survive a motion for summary judgment on qualified immunity grounds. ... … immunity.

Leon Greenblatt v. Sewerage & Water Board of New Orleans, B&K Construction Co., LLC, Cajun Constructors, LLC, Linfield, Hunter & Junius, Inc. and Boh Bros Construction Co., LLC

Louisiana Court of Appeal · Dec 20, 2019

the finding is clearly wrong (manifestly erroneous). … At the outset, we note that “trial court is afforded wide discretion in determining whether expert testimony should be admitted and who should or should not be qualified as an expert;” thus, “the decision to qualify an

Kennedy v. Sheriff of East Baton Rouge

935 So. 2d 669 · Supreme Court of Louisiana · Jul 10, 2006

immunity to peer review committees, we expressly drew on the jurisprudence regarding the conditional or qualified privilege to interpret the statutory provision. [15] Adopting the knowing or reckless disregard for the truth … Never favored in our law, a malicious prosecution action must clearly establish that the forms of justice have been perverted to the gratification of private malice and the willful oppression of the innocent. Johnson v.

Webb v. STATE, DEPT. OF INSTITUTIONS

91 So. 2d 156 · Louisiana Court of Appeal · Nov 26, 1956

The State waived its Sovereign immunity and allowed itself to be sued by Act 163 of 1954. … State's immunity for liability for the negligence of its employees.