Case law

Opinion Number

Louisiana Attorney General Reports · Jan 17, 1996

may any qualified elector cast a vote in these elections? … Unless the fundamental rights or privileges and immunities of a person are involved, a strong presumption exists that the legislature in adopting legislation has acted within its constitutional authority.

Lakeisha Mills, Felicity Mitchell, Roberta Ross, Natasha Graves, Ashley Suez, Kaleen Moses, Kathy Barbay, Jennifer Gaffney, And Adlai Mack Stevenson II v. Dr. Leon R. Tarver II, in his individual and official capacity as Chairman of The Board of Supervisors of Southern University and Agricultural and Mechanical College, The Board of Supervisors of Southern University and Agricultural and Mechanical College

Louisiana Court of Appeal · Dec 30, 2021

The doctrine of qualified immunity generally shields government officials performing discretionary functions from liability for civil damages if their conduct does not violate clearly established statutory or constitutional … Once raised, a plaintiff has the burden to rebut the qualified immunity defense by establishing that the official' s allegedly wrongful conduct violated clearly established law. Collins v.

Magnolia Island Plantation L L C v. Lucky Family L L C

District Court, W.D. Louisiana · Nov 25, 2024

In exercising its discretion, the Court will first examine the second prong of the qualified immunity analysis to determine whether the right was clearly established at the time of the violation. … This statement is incorrect, as case law requires a plaintiff to satisfy the clearly established prong for qualified immunity purposes.

Castille v. Gallagher

206 La. 904 · Supreme Court of Louisiana · Nov 6, 1944

All that the wife of the interdict'' had to do to qualify for the curatorship at the time when she was appointed and took charge of the estate as curatrix was to take an oath to faithfully fulfill her trust. … Olla State Bank et al., 164 La. 463 , 114 So. 98 , as maintaining that if a tutor moves away from the jurisdiction of the court and establishes a domicile elsewhere he thereby forfeits the tutorship and a judgment removing

Bates v. King

915 So. 2d 1037 · Louisiana Court of Appeal · Nov 2, 2005

Unlike the defendants in Cormier and Burton , the Kings have established them *1042 selves as restauranteurs. … On the record before us, we find that the Kings have clearly demonstrated that they were engaged in the normal course and scope of their employment with Pitt Grill at the time of Ms. Bates’ [¡¡injury.

D&G Holdings, LLC v. Sylvia Mathews Burwell

156 F. Supp. 3d 798 · District Court, W.D. Louisiana · Jan 12, 2016

Waivers of sovereign immunity are to be strictly construed and a “lack of waiver of sovereign immunity deprives federal courts of subject matter jurisdiction.” Wagstaff v. … Illinois Council’s progeny clearly establishes “that ‘delays in the administrative process,’ or *809 hardships related to the delay, are not sufficient to allow parties” to proceed directly to federal court.

Oliver v. MAGNOLIA CLINIC

9 La.App. 3 Cir. 439 · Louisiana Court of Appeal · Aug 31, 2011

Additionally, in some cases, “a Plaintiffs right to recover damages at all is barred by legislative grants of immunity from suit.” See La. R.S. 9:2795. … This burden, as was clearly set forth in Sibley, rests with the State.

Baton Rouge Waterworks Co. v. Louisiana Public Service Commission

156 La. 539 · Supreme Court of Louisiana · Mar 8, 1924

This was the construction placed on the qualifying section or proviso in the case of State v. … Service Commission all local utilities not vested with express power to make rates by compulsion (and this would have included every municipality in the state), the Convention would have readily found language which would clearly

Porter v. Lemire

District Court, E.D. Louisiana · Nov 8, 2024

was objectively unreasonable in the light of that then clearly established law.”106 Each defendant’s actions must be considered separately.107 While the plaintiff bears the burden of negating the defense of qualified … be put on notice that their conduct is unlawful.’”111 “The court’s focus, for purposes of the ‘clearly established’ analysis should be on ‘fair warning’: qualified immunity is unavailable ‘despite notable factual

In re Kohn

227 La. 245 · Supreme Court of Louisiana · Feb 14, 1955

by— “So Long As They Engage In Activities On Our Behalf”— and also by Clause 3 on Page 2, which clearly shows that the policy set forth had an important limitation, reading as follows: “Their identities must not be disclosed … Here would be establishment of a vicious precedent that a defendant has the right to poll a grand jury, even when an indictment is returned. There is certainly no provision of the law on this subject.

Penn v. St. Tammany Parish Sheriff's Office

2002 La.App. 1 Cir. 0893 · Louisiana Court of Appeal · Apr 2, 2003

Humphrey, supra , reasonableness of force, and qualified immunity. … Applying the analysis established in Heck and its progeny, if Mr.

Lakeisha Mills, Felicity Mitchell, Roberta Ross, Natasha Graves, Ashley Suez, Kaleen Moses, Kathy Barbay, Jennifer Gaffney, And Adlai Mack Stevenson II v. Dr. Leon R. Tarver II, in his individual and official capacity as Chairman of The Board of Supervisors of Southern University and Agricultural and Mechanical College, The Board of Supervisors of Southern University and Agricultural and Mechanical College

Louisiana Court of Appeal · Dec 30, 2021

The doctrine of qualified immunity generally shields government officials performing discretionary functions from liability for civil damages if their conduct does not violate clearly established statutory or constitutional … Once raised, a plaintiff has the burden to rebut the qualified immunity defense by establishing that the official' s allegedly wrongful conduct violated clearly established law. Collins v.

Fulmer v. State, Department of Wildlife & Fisheries

68 So. 3d 499 · Supreme Court of Louisiana · Jul 1, 2011

Because [Section 10(C) ] does not establish a presently effective limit on the state’s liability but allocates the power to enact one “by law” to the legislature, we find the provision not self executing. … The entire provision added in the 1995 amendment was clearly to reaffirm that workers’ compensation was meant to be exclusive of such rights as punitive damages, but any exceptions to the exclusivity which have already been

Irion v. State Ex Rel. DOTD

760 So. 2d 1220 · Louisiana Court of Appeal · May 12, 2000

is clearly wrong. … Moreover, I find that the record evidence clearly establishes that the sole legal cause of this accident was Mr. Irion's negligent operation of his vehicle.

State of Louisiana Ex Rel. Purkey v. Ciolino

393 F. Supp. 102 · District Court, E.D. Louisiana · Apr 17, 1975

Assuming for the moment that factors such as personal involvement or respondeat superior can be established, the law is clear that individuals serving in those capacities are entitled to certain qualified immunities from … Where no cause of action was established or alleged under section 1985, a derivative action under section 1986 cannot be maintained. Johnston v. National Broadcasting Co., Inc., 356 F.Supp. 904 (E.D.N.Y.1973); Post v.

Lyndon Cummings, et al. v. State of Louisiana, Department of Children and Family Services, et al.

District Court, M.D. Louisiana · Mar 5, 2026

enough established to defeat qualified immunity for the individual child care workers in that case. 937 F.3d at 523. … As discussed supra, the substantive due process right to family integrity is likely insufficiently established to defeat qualified immunity for individual employees according to the facts alleged.

Addison v. Employers Mut. Liability Ins. Co. of Wis.

64 So. 2d 484 · Louisiana Court of Appeal · Mar 19, 1953

The fallacy of plaintiff's argument is clearly shown by a decision of the Orleans Court of Appeal in the case of Mock v. … was personal and of which immunity the insurer could not take advantage.

Hebert v. CLARENDON AMERICAN INS. CO.

2007 La.App. 3 Cir. 0992 · Louisiana Court of Appeal · Jun 4, 2008

That being the case, we decline to ignore the established law and grant Ms. Hebert the relief she requests on this basis. Ms. … Thus, they did not qualify as "third persons" because they were not legally liable to pay the employee damages because of his work-related automobile accident.

In Re Katrina Canal Breaches Consolidated Litigation

629 F. Supp. 2d 601 · District Court, E.D. Louisiana · May 7, 2009

Plaintiffs urge that even if challenged acts of the SWB qualify as “discretionary acts” under the immunity statute, that the statute does not immunize the SWB from liability because the challenged acts all occurred prior … . *610 1990)(on rehearing), the Louisiana Supreme Court concluded that “[t]he discretionary function exception to state governmental liability established by [La.Rev.

Huang v. BD. OF TRUSTEES FOR STATE COLLEGES AND UNIVERSITIES

781 So. 2d 1 · Louisiana Court of Appeal · Dec 22, 2000

that the finding is clearly wrong (manifestly erroneous). … "To establish a prima facie case of discrimination in the context of a denial of tenure, the plaintiff must show that: (1) he belongs to a protected group, (2) he was qualified for tenure, and (3) he was denied tenure in