Case law

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

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.

Wearry v. Perrilloux

391 F. Supp. 3d 620 · District Court, M.D. Louisiana · Jun 3, 2019

asserting a Section 1983 claim against a municipal official in his official capacity or a Section 1983 claim against a municipality "must show that the municipality has a policy or custom that caused his injury." 43 To establish … conduct arises when the prosecutor is performing "an investigatory, administrative, ministerial, or other role that has no functional tie to the judicial process, only a qualified immunity is afforded." 85 Per Wearry, his

Rodriguez v. Louisiana Medical Mut. Ins. Co.

618 So. 2d 390 · Supreme Court of Louisiana · May 24, 1993

In the process, the substantive caps and discreet procedures established by the Legislature were particularly detailed. … A second principle is when a statute grants immunities or advantages to a special class against the general public, i.e., when the Legislature grants such rights, powers, privileges, immunities, or benefits against the general

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.

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.

Encalade v. West Jefferson Medical Center Ambulance Service

9 La.App. 5 Cir. 355 · Louisiana Court of Appeal · Nov 24, 2009

The court finds that these cases are clearly distinguishable *1118 from the case at bar. … Encalade is not the kind of emergency medical care or medical duty that the legislature sought to immunize from liability under the LMMA.

Reppond v. City of Denham Springs

572 So. 2d 224 · Louisiana Court of Appeal · Nov 14, 1990

Louisiana Power Light Co., 435 U.S. 389 , 98 S.Ct. 1123 , 55 L.Ed.2d 364 (1978), the Supreme Court held that the "state action" immunity established in Parker v. … In Dukes this court concluded that neither the government, federal or state, nor any of its subdivisions, are included within the purview of a statute unless the legislative intent is clearly stated.

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.

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.

Vaughn v. St. Helena Parish Police Jury

192 F. Supp. 2d 562 · District Court, M.D. Louisiana · Dec 6, 2001

Taking into account the prohibition of “partially nude” persons in drinking establishments, it is clear that only persons donning full body suits are clearly safe from the application of the ordinance. … The defendant’s enactment of Ordinance 216 was clearly a legislative act. Therefore, the defendant is absolutely immune from civil liability for the enactment of Ordinance 216.

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.

State v. Lambert

93 So. 3d 771 · Louisiana Court of Appeal · Jun 8, 2012

To follow the defendant’s reading of the law would be to allow any qualified officer, without regard to what that officer was doing, to violate the provisions of 14:95(E) with complete immunity. … In this case, the defendant clearly abused his position as custodian of the Assumption Parish Sheriffs Office evidence vault.

Roelofs v. Lewals, Inc.

344 F. Supp. 1003 · District Court, W.D. Louisiana · May 31, 1972

Barclay White Co., 139 F.2d 556 (3rd Cir., 1943), cert. den’d 321 U.S. 799 , 64 S.Ct. 939 , 88 L.Ed. 1087 , clearly placed that statute in its proper perspective. … Though the FTC A waives tort immunity, it was not intended as a total abolition of over a century and a half’s sovereign immunity of the United States.

Mackmer v. Estate of Angelle

14 La.App. 3 Cir. 665 · Louisiana Court of Appeal · Dec 10, 2014

Mack-mer asserted that the undisputed facts established that Mr. … Did the trial court err by admitting an affidavit into evidence that the affiant admitted in his deposition was not based on personal knowledge and was clearly contradicted by the affiant’s deposition testimony? 2.

City of Gretna v. Bailey

141 La. 625 · Supreme Court of Louisiana · May 14, 1917

It goes without saying that a license tax must be uniform on every occupation or business within the same grade and classification established by the statute levying the license tax. … parish, unless that authority was withdrawn from the parish by the Legislature; but the constitutional authority of the Legislature to control the territorial limits of the parochial authority to levy taxes and licenses was clearly

Darville v. Associated Indemnity Corporation

323 So. 2d 441 · Supreme Court of Louisiana · Dec 18, 1975

Williams, 300 So.2d 848, 849 , (La.App. 4th Cir. 1974), set aside and remanded 312 So.2d 647 (La.1975), stated: We preliminarily note that the judicially-established doctrine of sovereign immunity from liability and from … This case clearly falls within the same category. In the instant case, the First Circuit Court of Appeal has misunderstood our holding in Splendour .

Hardy v. Bowie

719 So. 2d 1158 · Louisiana Court of Appeal · Oct 7, 1998

In the case sub judice, a factual inquiry is necessary to determine whether the police officers established a personal relationship to Hardy, precluding immunity under this exception to the public duty doctrine, or whether … In addition to the material immunity issues, the factual inquiry required to determine the officers' duty, as mentioned earlier in this decision, readily combines to clearly preclude any summary ruling by this or the lower

Daniel Harris v. Boh Bros. Construction Co., LLC and Abc Insurance Company

Louisiana Court of Appeal · Sep 16, 2025

Thus, there is no need to discuss that issue as clearly the government approved the specifications.” … Bell’s methodology meets Daubert standards for reliability as he established the baseline of mobility for blind individuals and utilized Mr.