Case law

Camp v. Gibbs

331 So. 2d 517 · Louisiana Court of Appeal · Apr 19, 1976

That Gross Builders, Inc. is a Texas Corporation and has not qualified with the Secretary of State, State of Louisiana to do business in Louisiana. c. … The contracts clearly stipulate that the contracting party is Gross Builders, Inc., and the contract is signed by Stanley J. Williams as President.

Warren v. Talley

District Court, W.D. Louisiana · Jun 29, 2022

Qualified immunity protects government officials from liability for civil damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … The elements that a plaintiff must establish to overcome an officer’s claim of qualified immunity in an excessive force claim are: “(1) an injury, (2) which resulted directly and only from a use of force that was clearly

Darville v. Texaco, Inc.

442 So. 2d 1246 · Louisiana Court of Appeal · Dec 8, 1983

Darville and her children are limited to workmen's compensation benefits unless they can qualify under R.S. 23:1032. … Tortorich, 397 So.2d 475 (La.1981), stated, regarding R.S. 23:1032, that the "... principal legislative aim ... was to broaden the class of defendants to be granted immunity from suits by injured employees in tort ..."

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.

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.

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.

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

Clay v. International Harvester Co.

674 So. 2d 398 · Louisiana Court of Appeal · May 8, 1996

Clearly, some portions of Mayeux's testimony were cumulative of North's testimony. … Wigmore, Evidence in Trials at Common Law § 1080a, at 195-201 (Chadbourn rev. 1972), the trend of recent decades is clearly against such recognition. C.

Muhammad v. New Orleans Police Dept.

2000 La.App. 4 Cir. 1034 · Louisiana Court of Appeal · Jul 11, 2001

While these facts must be clearly established, they need not be established beyond a reasonable doubt. Cittadino, supra. … They claim that City policy clearly establishes that sick leave is a privilege granted exclusively for illness and that Civil Service rules and regulations restrict its uses.

Brown v. Burmaster

District Court, E.D. Louisiana · Mar 29, 2023

Qualified Immunity and § 1983 Claims For lawsuits brought against public officials under 42 U.S.C. § 1983, the Supreme Court has established the doctrine of qualified immunity. … Clearly Established Law It is clearly established law that the unreasonable shooting of a pet dog by a police officer is an unconstitutional seizure under the Fourth Amendment

Thibodeaux

District Court, M.D. Louisiana · Jan 21, 2026

“In determining whether an official enjoys immunity, [courts] ask (1) whether the plaintiff has demonstrated a violation of a clearly established federal constitutional or statutory right and (2) whether the official … The law governing excessive force is clearly established; thus, whether Emery is entitled to qualified immunity turns on the reasonableness of his conduct. See Berry, 2020 WL 1034627, at *2.

Molaison v. Lukinovich

13 La.App. 5 Cir. 781 · Louisiana Court of Appeal · May 28, 2014

could use the “Section 1033” election, a provision of the tax code that allows such landowners the ability to defer taxes on the proceeds of the sale in the takings litigation if the proceeds were “rolled over” into another qualifying … The facts in the instant case are starkly distinguishable from those in Marrogi and clearly implicate the policy considerations stated in Marrogi favoring witness immunity. While Mr.

Parria

District Court, E.D. Louisiana · Aug 24, 2026

Qualified Immunity The JPSO Defendants invoke qualified immunity, which they contend immunizes them from Parria’s Section 1983 wrongful arrest and detention claim against … Forsyth, 472 U.S. 511, 526 (1985) (denial of qualified immunity is immediately appealable; a defendant’s entitlement to qualified immunity should be determined at the earliest possible stage of the litigation).

State v. Woodfin

539 So. 2d 645 · Louisiana Court of Appeal · Jan 18, 1989

She clearly remembered leaving her home with her friend in her husband's truck. Her friend was driving the truck. She described this in detail, along with other events before and after the accident. … The defendant must first establish the admissibility of this testimony out of the presence of the jury.

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.

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.

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

Myers v. Coker

District Court, W.D. Louisiana · Nov 15, 2023

The doctrine of qualified immunity protects government officials sued in their individual capacities “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Therefore, Myers fails to allege a constitutional violation of a clearly established right and did not overcome the defense of qualified immunity as to Officer Coker and Chief Smith.

Wiltz v. Brothers Petroleum, L.L.C.

13 La.App. 5 Cir. 332 · Louisiana Court of Appeal · Apr 23, 2014

Statutory and jurisprudential precedent clearly establish a substantial association between the prohibition of possession and consumption of alcohol by minors and drunk-driving related harm. |12In Manuel v. … Testimony at trial clearly established that Winn-Dixie had actual knowledge of the amount of alcohol, which was astonishing even considering the number of teenagers present.

Raney v. Walter O. Moss Regional Hosp.

629 So. 2d 485 · Louisiana Court of Appeal · Dec 8, 1993

Raney developed an immunity to hepatitis "B." … The trial court found that the evidence established that Ms.