Case law

White v. St. Tammany Sheriff's Department

District Court, E.D. Louisiana · Mar 7, 2025

official’s allegedly wrongful conduct violated clearly established law.”37 However, when considering a qualified immunity defense, the court must still view the evidence in the light most favorable to the nonmoving party … To overcome a claim of qualified immunity, a plaintiff must demonstrate: (1) that the official violated a statutory or constitutional right; and (2) that the right was “clearly established” at the time of the challenged

Everett v. Goldman

359 So. 2d 1256 · Supreme Court of Louisiana · May 22, 1978

Thus the patient of a health care provider who has not qualified is no different from any other tort or contract victim, while the patient of a qualified health care provider (one who has qualified under the act) is regulated … The provisions of Article 3, sections 12(A)(7) and 12(B) are clearly inapplicable.

Tyson v. Cazes

238 F. Supp. 937 · District Court, E.D. Louisiana · Feb 26, 1965

(But his complaint clearly alleges that “Plaintiff was told that they ‘do not serve colored people,’ and asked plaintiff to leave.”) … Should a proprietor wish to integrate his establishment, even though it is not one covered by Section 201, he may do so with immunity from state prosecution under any local law or ordinance prohibiting such integration because

Astoria Entertainment, Inc. v. Edwards

159 F. Supp. 2d 303 · District Court, E.D. Louisiana · Aug 22, 2001

To start, plaintiffs recital that the alleged bribery, extortion and corruption abrogate antitrust immunity is simply an attempt to end-run the Omni decision, which clearly holds that illegal actions do not remove a case … As such, Edwards is immune under Parker .

Sharp v. Elkins

616 F. Supp. 1561 · District Court, W.D. Louisiana · Sep 17, 1985

In order to establish that an in-state defendant has been fraudulently joined, “(t)he removing party must prove that there is absolutely no possibility that the plaintiff will be able to establish a cause of action against … Clearly this section exhibits a Congressional intent to include within the remedies of the LHWCA torts caused by the intentional acts of third persons.

Rebel Distributors Corp. v. Luba Workers' Comp.

144 So. 3d 825 · Supreme Court of Louisiana · Oct 15, 2013

given the quid pro quo underpinnings of the workers’ compensation *843 remedy as between the injured worker, who foregoes his remedy in tort in return for certain compensation for his injury, and his employer, who receives immunity … However, every claim or payment under the workers’ compensation laws, even those by qualified health care providers for | .

Certain v. Equitable Equipment Co.

453 So. 2d 292 · Louisiana Court of Appeal · Jun 6, 1984

Appealing, plaintiff contends that defendants cannot invoke the tort immunity of LSA-R.S. 23:1032 [2] as "principals" or "statutory employers" of plaintiff since the evidence did not establish that he was injured while doing … The "stockholder" immunity of LSA-R.S. 23:1032 clearly applies to them.

Vallien v. State Ex Rel. Dept. of Transp. and Dev.

812 So. 2d 894 · Louisiana Court of Appeal · Mar 27, 2002

Absent a waiver of sovereign immunity, the State of Louisiana is immune from suit. Jefferson Lake Sulphur Co. v. State, 213 La. 1 , 34 So.2d 331 (La. 1947). … Prior to November 23, 1995, the state had waived immunity from suit and liability in La. Const. art. XII, § 10, which provided as follows: (A) No Immunity in Contract and Tort.

Ducote v. City of Alexandria

677 So. 2d 1118 · Louisiana Court of Appeal · Jul 17, 1996

GOVERNMENTAL IMMUNITY—APPLICABILITY OF LA.R.S. 9:2798.1 Although the defendants did not raise immunity as a defense, we begin our review with that question, since it could be dispositive of the case. … . *1122 In the case sub judice, the officer clearly was acting at the operational level.

Brewer v. Slidell City

District Court, E.D. Louisiana · Jul 18, 2025

Zar does not overcome the defendants’ qualified immunity as the constitutional right at issue is not “clearly established”; (3) the failure to supervise and train its officers claims are not sufficient to state a claim … A state official is entitled to qualified immunity unless (1) the plaintiff alleged a violation of a constitutional right; and (2) that right was ‘clearly established’ at the time of the alleged violation.

Opinion Number

Louisiana Attorney General Reports · Jun 30, 1997

Section 4 of the Act states that "no such regulations . . . shall become effective until after they have been approved by a majority of the qualified voters of the parish." … Article VI Section 17 provides with respect to land use and zoning by a local governmental subdivision: Subject to uniform procedures established by law, a local governmental subdivision may (1) adopt regulations for land

Meyer v. Foti

720 F. Supp. 1234 · District Court, E.D. Louisiana · Jul 10, 1989

One of the most clearly established principles of American law is that absolute judicial immunity extends to all judicial acts which are not performed in the clear absence of all jurisdiction, 11 however erroneous the act … Moreover, Magistrate Wynne’s actions in cases pending before her are clearly subject to judicial immunity.

Epps

District Court, M.D. Louisiana · Mar 27, 2026

Moreover, Plaintiff has not overcome qualified immunity, for the above reasons and because he fails to point to binding authority constituting clearly established law for these claims. … Bartlett, 981 F.3d 319, 330 (5th Cir. 2020) (“to overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.

Nixon v. Hughes

176 So. 3d 1135 · Louisiana Court of Appeal · Sep 29, 2015

“Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be manifestly erroneous or clearly wrong.” Id. … “However, once the party bearing the burden of proof has established a prima facie case, the burden then shifts to the opposing party.” Id. ' Ms. Nixon established a prima facie case to disqualify Mr.

Olson v. Toce

17 La.App. 3 Cir. 36 · Louisiana Court of Appeal · Jun 7, 2017

(iii) All or a portion of a payment made by another qualified health care provider, by the insurer of another qualified health care provider, or by the employer of another qualified health care provider has been attributed … The PCF has standing to object when the integrity of the fund is jeopardized, such as when a claim clearly does not fall under the MMA. Id.

Philip Shelton v. Nancy Pavon

236 So. 3d 1233 · Supreme Court of Louisiana · Oct 18, 2017

party could defame or invade the privacy of a person involved in a divorce proceeding, traffic violation, child custody dispute, marriage, mortgage registration, passport application, or driver's licence renewal and be immunized … Rather than immunize a person from the legal repercussions of statements defaming or invading the privacy of another, its application requires a two-part burden-shifting analysis: "the mover must first establish that the

McDaniel v. Welsh

234 So. 2d 833 · Louisiana Court of Appeal · Apr 13, 1970

The record does not establish the precise cause of the light's failure. … The burden is on plaintiff to establish his case by a preponderance of evidence.

LaCroix v. STATE EX REL. DEPT. OF TRANSP.

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.

Orleans Parish School Board v. Williams

312 So. 2d 647 · Supreme Court of Louisiana · Apr 24, 1975

I, now R.S. 17:51) providing for the establishment of parish school boards, pursuant to the mandate of Section 10 of Article 12 of the Constitution, these boards are made subject to suits. … Any restriction on this authority must result from deductions and inferences which are not warranted in view of the unaltered meaning of Section 26 of Article XIX of the Constitution adopted in 1956, which clearly intends

Edwards v. Town of Ponchatoula

213 La. 116 · Supreme Court of Louisiana · Jan 12, 1948

It is their further argument that the ordinance is grossly unreasonable and tends to establish the dangerous precedent of permitting a corporation to barter for tax immunity for a stipulated sum, thereby discriminating against … It is clearly within the province of the legislature in all cases where there is no constitutional inhibition, to place a limit upon the time within which such matters may be contested in the courts.