Case law

Ramos v. State of Louisiana

District Court, E.D. Louisiana · Dec 9, 2020

This requirement establishes a high bar.”68 When there is no controlling authority specifically prohibiting a defendant’s conduct, the law is not clearly established for the purposes of defeating qualified immunity … Because Plaintiff fails to allege a constitutional violation of a clearly established right, Plaintiff falls short in overcoming Defendants’ defense of qualified immunity.

Hebert v. Broussard

4 La.App. 3 Cir. 485 · Louisiana Court of Appeal · Nov 10, 2004

R.S. 3:2773(D), which grants statutory immunity to officers for the killing of any dangerous or vicious dog. … Frivolous Appeal The appellees answered the appeal, asserting that it is frivolous because it does not present a substantial legal question, as the statutory immunity granted under La.R.S. 3:2773(D) clearly applies in this

Stewart v. DAIQUIRI AFFAIR, INC.

2008 La.App. 1 Cir. 1804 · Louisiana Court of Appeal · May 13, 2009

Daiquiri Affair asserted immunity under La. … Clearly, if only [sthe requirements of La. R.S. 14:98.1 were met, then the immunity afforded under La. R.S. 9:2798.4 would not apply.

Viator v. Miller

900 So. 2d 1135 · Louisiana Court of Appeal · Apr 27, 2005

Clearly, any damages arising from the sexual relationship between Heather and Judge Miller are not recoverable under Louisiana law. … s paternity in question is insufficient to establish Michael's status to proceed.

Theriot v. Lasseigne

640 So. 2d 1305 · Supreme Court of Louisiana · Jul 5, 1994

Waguespack, clearly establish that notice as contemplated by La.R.S. 9:2800 was provided to the DOTD. … However, a thorough review of the record establishes that this is not the case. Dr.

Bickham v. Lammico

90 So. 3d 467 · Louisiana Court of Appeal · Feb 1, 2012

Jackson established that he satisfied the requirements of a qualified healthcare provider pursuant to La. … Jackson, she concluded that he was and is “entitled to all privileges, immunities, limitations, and/or protections provided to qualified | ^healthcare providers by the Louisiana Medical Malpractice Act, La.

Capitol House Preservation Co. v. Perryman Consultants, Inc.

2008 La.App. 1 Cir. 0367 · Louisiana Court of Appeal · Aug 28, 2009

Argosy is clearly afforded no protection under the Parker doctrine, insofar as it protects state action in promulgating and enforcing anti-competitive legislation or rules. … Under the “sham” exception, activity “ostensibly directed toward influencing governmental action” does not qualify for Noerr immunity if it “is a mere sham to cover what is actually nothing more than an attempt to interfere

Shorts

District Court, E.D. Louisiana · Aug 10, 2026

To carry his burden to overcome defendants’ qualified immunity defense here, Shorts “must show: (1) that the [defendants] violated a statutory or constitutional right, and (2) that the right was clearly established at … Even where force is excessive, qualified immunity will apply “when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Chatman v. Plaquemines Parish Government

District Court, E.D. Louisiana · Jan 22, 2025

clearly established constitutional rights of which a reasonable person would have known.” … enjoys qualified immunity from the Section 1983 claim.

Palandro v. Board of Supervisors

2009 La.App. 1 Cir. 1203 · Louisiana Court of Appeal · Apr 28, 2010

YoA-Alden, the Board asserts that Louisiana Constitution, Article XII, Section 10(A)’s waiver of | immunity in contract suits is not sufficient to establish Louisiana’s explicit consent to a suit seeking to enforce FLSA provisions … In deciding Alden , the Supreme Court noted that the Alden plaintiffs did not attempt to establish waiver of immunity under Maine’s legislative standard. Alden, 527 U.S. at 758 , 119 S.Ct. 2240 .

LaCroix v. State ex rel. Department of Transportation

477 So. 2d 1246 · Louisiana Court of Appeal · Oct 10, 1985

However, the extent of its right of way in this area is not established in the record. … Clearly, this accident took place in a rural setting. Because of this site’s popularity, we believe it warrants being termed a recreational area. Members of the general public swam in this creek without charge.

Tomlinson v. Frazier

407 So. 2d 1385 · Louisiana Court of Appeal · Jan 8, 1982

"The evidence clearly establishes that defendant was actually domiciled within the 92nd Legislative District for the entire year preceding his qualifying as a candidate. … In light of Frazier's extensive contacts with New York, his intention clearly appears to have been to establish residency there.

United States v. Sayes

49 F. Supp. 2d 870 · District Court, M.D. Louisiana · May 19, 1999

In response, the government argued that Sayes was not granted immunity because Warden Cain did not have the power to grant him immunity and the evidence merely established that the warden agreed not to call the local district … of immunity.

Cameron v. Roberts

111 So. 3d 438 · Louisiana Court of Appeal · Feb 27, 2013

New trials are granted in the interest of justice and are left largely to the discretion of the trial court, but this discretion is not immune from appellate review. … Further, he did not establish that he was an expert in forestry or that he was qualified in any way to quantify the damages claimed.

Ducote v. Albert

521 So. 2d 399 · Supreme Court of Louisiana · Mar 22, 1988

Clearly, a private doctor would be liable to Cobb for malpractice. There is no logical reason to treat company physicians differently. … I am disinclined to conclude that this doctor, who practiced medicine full-time at American Cyanamid's plant clinic during hours established by the company, who used the support staff, equipment and supplies furnished by

Harrison v. Delise

440 So. 2d 160 · Louisiana Court of Appeal · Aug 19, 1983

The evidence clearly demonstrates that this defendant was domiciled at one of two locations, clearly entitling him substantively to run for the office of Police Juror of Ward 4 under either Section 4(A) or 4(B). … Picou decision as support for the proposition that where a candidate is in fact qualified to seek a particular office and clearly indicate the office he seeks, and he and his opponents are clearly aware of his interest to

O'REGAN v. Preferred Enterprises, Inc.

758 So. 2d 124 · Supreme Court of Louisiana · Mar 17, 2000

STAT. 23:1031.1(D), or is given the option to qualify, see, e.g., LA. REV. … LARSON'S, § 67.32, at 12-174. [20] Of course if the employee pursues a claim in tort initially and the employer seeks to avail itself of tort immunity under the Act, the employer has the burden of proving entitlement to immunity

Anderson v. St. Bernard Parish

543 So. 2d 537 · Louisiana Court of Appeal · Apr 27, 1989

The appellant was clearly in the course and scope of his employment when injured, as were the members of the Police Jury. … The defendants are immune from suit in tort in this instance as proscribed by statute. AFFIRMED. .

Live-Stock Dealers' & Butchers' Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.

15 F. Cas. 649 · U.S. Circuit Court for the District of Louisiana · Jun 11, 1870

[As to the civil rights bill, we are clearly of opinion that it does not apply; that it was intended merely to secure to citizens of every race and color the same civil rights and privileges as are enjoyed by white citizens … This is not because the privileged person is the inventor of such accommodations, nor because the use of them is a franchise lying only in the public grant, nor because the privileged person is qualified by superior education

Sanders v. Pilley

684 So. 2d 460 · Louisiana Court of Appeal · Nov 8, 1996

As we have previously stated, the district court clearly determined that OBRA '93 was not applicable to the present case. … For purposes of the previous sentence, the term "grantor" *465 means the individual referred to in paragraph (2). (2) For purposes of this subsection, a "medicaid qualifying trust" is a trust, or similar legal device, established