Case law

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.”

Cheneau ex rel. Sanders v. Apostolic Outreach Center

529 So. 2d 149 · Louisiana Court of Appeal · Jul 12, 1988

Statutory Immunity LSA-R.S. 9:2791 provides as follows: A. … Second, the jurisprudence regarding attractive nuisances establishes clearly that the doctrine applies only if the child is too young to appreciate the danger involved. Smith, supra, 638 F.2d at 885 .

LeRay v. Bartholomew

871 So. 2d 492 · Louisiana Court of Appeal · Mar 30, 2004

We find Kelty to be clearly distinguishable. … After a settlement with one qualified provider and dismissal of the other, the LPCF was added to the lawsuit.

Landiak v. Richmond

899 So. 2d 535 · Supreme Court of Louisiana · Mar 30, 2005

Richmond clearly established his intent to change his domicile from his domicile of origin at his family's home at 8701 Lomond Road in Council District D to 4809 Eastview Drive in Council District E. … Those two pieces of evidence clearly show that Mr. Richmond continued to consider the 4809 Eastview Drive address as his "principal establishment" at least through September 9, 2003.

Hays v. Wild Life and Fisheries Commission

136 So. 2d 559 · Louisiana Court of Appeal · Mar 16, 1962

The rules of the Commission are clearly invested with such dignity and effect they are considered laws. Constitution of Louisiana, Article XIV, Section 15(I). … Since the only testimony against appellant was clearly inadmissible, there is no evidence to support the order of dismissal.

Walker v. Associated Press

191 So. 2d 727 · Louisiana Court of Appeal · Oct 31, 1966

The protection and immunity so claimed is a qualified or conditional privilege, the immunity gained therefrom being conditioned upon good motives and reasonable behavior. … The immunity does extend to "fair" comment or criticism on matters of public interest or concern.

In Re Southern Scrap Material Co., LLC

713 F. Supp. 2d 568 · District Court, E.D. Louisiana · May 14, 2010

.”); 25 see also Frederick, 386 F.2d at 487 (considering the interplay between the doctrine of sovereign immunity and Rule 13 and observing that “[b]oth 13(a) and (b) are qualified by 13(d) in cases against the United States … Whether the FTCA Waiver of Immunity Applies Southern Scrap contends that its counterclaim clearly arises under the law of negligence and, as such, its claim falls under the waiver of immunity statutorily granted by the Federal

Austin v. Abney Mills, Inc.

824 So. 2d 1137 · Supreme Court of Louisiana · Sep 4, 2002

As so clearly pointed out in O'Regan v. … Malone & Johnson, § 361. [2] In sum, under well-established law, because this plaintiff clearly has a remedy in workers' compensation for his occupational disease, he is precluded from seeking recovery in tort.

Arnold v. Williams

District Court, M.D. Louisiana · Apr 26, 2022

violate clearly established 3 Rec. … Without setting forth a clearly established right for which the analysis can continue, Plaintiffs have not defeated Deputy Fleming's qualified immunity defense.20 After this

Towry v. United States

459 F. Supp. 101 · District Court, E.D. Louisiana · Jul 31, 1978

Sanders, supra, 430 U.S. at 104-05 , 97 S.Ct. at 984-85 , instructs us that the retention by Congress of a statute precluding review of agency action qualifies the grant of federal question subject matter jurisdiction effected … In its explicit abrogation of the defense of sovereign immunity in actions seeking equitable relief, the first new sentence of § 702 replaces the law of this Circuit established in Estrada v.

Russo v. Burns

147 So. 3d 1111 · Supreme Court of Louisiana · Sep 24, 2014

The trial court disqualified Burns as a candidate, finding Russo had established a pri-ma facie case which had not been effectively rebutted. Burns appealed. … Burns clearly exercised his reasonable best efforts to file his tax returns prior to qualifying for office. Therefore, the defendant here should be deemed as a qualified candidate for district attorney. . La.

RIVERSIDE TRANSPORTATION INC. v. Burke

978 So. 2d 1261 · Louisiana Court of Appeal · Mar 26, 2008

However, a qualified immunity generally applies to most acts of government officials, unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known. [5] … App. 1 Cir. 2/21/07), 959 So.2d 990 , 994 n.2, writ denied, XXXX-XXXX (La. 6/22/07), 959 So.2d 500 . [5] Plaintiffs correctly point out that a defense of qualified immunity must be specially pled, and that defendants herein

Cannon v. Insured Lloyds

499 So. 2d 978 · Louisiana Court of Appeal · Oct 8, 1986

The burden of proof in a motion for summary judgment is on the mover to establish that there are no genuine issues of material fact. This burden is a great one. … We thus conclude that the issue of Lavalais' employment status at the time of the accident is clearly a material fact.

Hall v. Brookshire Bros., Ltd.

831 So. 2d 1010 · Louisiana Court of Appeal · Nov 27, 2002

Its judgment will remain undisturbed unless clearly erroneous. Abshire v. Wilkenson, 01-75 (La. App. 3 Cir. 5/30/01); 787 So.2d 1158 . … R.S. 40:1299.42(B)(2) clearly says that "[a] health care provider qualified under this Part is not liable for an amount in excess of one hundred thousand dollars plus interest thereon ...." (Emphasis added.)

ORRILL v. AIG, Inc.

2009 La.App. 4 Cir. 0888 · Louisiana Court of Appeal · Apr 21, 2010

Thus, the class was clearly established and counsel had been appointed to represent it. … This Court rejected Citizens’ assertions of immunity in the Reed case. Citizens appealed to the Louisiana Supreme Court; however, it later withdrew the appeal. . 2008-C-1468 .

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

Duhon v. Board of Supervisors for Louisiana State University and Agricultural and Mechanical College

District Court, E.D. Louisiana · Apr 12, 2022

Whether Plaintiff Can Overcome Qualified Immunity “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory … immunity, he need only allege a deprivation of a right that is clearly established under the Constitution.

STEVEN W. YOUNG, ET AL. v. CITY OF BATON ROUGE, ET AL.

District Court, M.D. Louisiana · Feb 25, 2026

Thornton also claims qualified immunity. (Id. at 4.) … Was the Law Clearly Established? “[T]o overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.

Hypolite v. Columbia Dauterive Hosp.

7 La.App. 3 Cir. 357 · Louisiana Court of Appeal · Oct 3, 2007

She was diagnosed with immune thrombocytopenia, a condition signifying low blood platelet counts; platelets are essential for blood clotting. Ms. … Consequently, we cannot say that the jury's verdict is manifestly erroneous or clearly wrong. Induction Using Cytotec and Care During Labor Ms.

Equal Employment Opportunity Commission v. Resources for Human Development, Inc.

827 F. Supp. 2d 688 · District Court, E.D. Louisiana · Dec 7, 2011

On the other hand, severe obesity, which has been defined as body weight more than 100% over the norm, is clearly an impairment. … Michele Vick, Harrison’s supervisor at Family House, noted that her “weight was clearly having an adverse impact on her ability to do her job.” (Rec. Doc. No. 19-7 at 5).