Case law

Suarez v. Derosier

241 So. 3d 1086 · Louisiana Court of Appeal · Mar 7, 2018

DeRosier submitted affidavits of his employees in support of absolute immunity. Prosecutors may have absolute immunity or qualified immunity depending upon their actions. … The trial court clearly noted absolute immunity was at issue and found that Defendants were entitled to summary judgment. However, Defense counsel's failure to provide discovery, claiming immunity applied, prevented Mr.

Causey v. Parish of Tangipahoa

167 F. Supp. 2d 898 · District Court, E.D. Louisiana · Apr 12, 2001

As stated above, the question of whether a public official is covered by qualified immunity entails a two step inquiry. First, the court must find that the official violated a clearly established constitutional right. … These claims are clearly insufficient to overcome Sergeant Price’s defense of qualified immunity and the Court shall deal with the allegations in summary fashion.

Nelson v. Stalder

135 F. Supp. 2d 745 · District Court, E.D. Louisiana · Feb 13, 2001

of the clearly established legal rules. … The court finds that Nelson has satisfied his burden of rebutting defendants’ qualified immunity defense by establishing that the defendants’ actions violated a law which the court finds was clearly established, and by establishing

Cassels v. Stalder

342 F. Supp. 2d 555 · District Court, M.D. Louisiana · Oct 20, 2004

First, it functions as a defense to liability when the actions allegedly taken by officials did not violate clearly established law. 32 If the law was not clearly established when officials acted, qualified immunity bars … the plaintiff has alleged a violation of a clearly established constitutional right; and, (2) if so, whether the defendant’s conduct was objectively unreasonable in the light of the clearly established law at the time of

Delatte v. Genovese

228 So. 2d 252 · Louisiana Court of Appeal · Nov 17, 1969

Defendant asserted the judicial immunity conferred by Louisiana Constitution Art. VII, Secs. 70, 71 and 72, and the qualified personal immunity provided pursuant to LSA-R.S. 33 .T555 and LSA-R.S. 28:52. … In Burns, defendant asserted absolute immunity under La.Const. Art. VII, Secs. 70, 71 and 72, and also claimed qualified or conditional immunity.

Mills v. City of Bogalusa

112 F. Supp. 3d 512 · District Court, E.D. Louisiana · Jun 29, 2015

Qualified Immunity Defendants also assert that they are entitled to qualified immunity. Rec. Doc. 13-1 at 10. … The qualified immunity defense shields “a government official from civil liability for damages based upon the performance of discretionary functions if the official’s acts were objectively reasonable in light of then clearly

Elphage v. Gautreaux

969 F. Supp. 2d 493 · District Court, M.D. Louisiana · Sep 3, 2013

The defendants claim that Sheriff Gautreaux is entitled to qualified immunity if a reasonable person could have believed the deputies at issue were sufficiently trained and supervised in light of clearly established law and … With regard to Deputy O’Connor, the defendants claim that he is entitled to qualified immunity if a reasonable person could have believed that he acted reasonably in light of clearly established law and the information he

Miller v. Village of Hornbeck

10 La.App. 3 Cir. 1539 · Louisiana Court of Appeal · May 11, 2011

UDISCUSSION Qualified Immunity and Excessive Force Defendants argue that the trial court legally erred in “ignoring and failing to apply qualified immunity in its assessment of liability.” … Our review of the record indicates that the trial court did not expressly discuss the issue of qualified immunity, but, implicitly, it did not find the officers were entitled to qualified immunity.

Vincent v. City of Sulphur

28 F. Supp. 3d 626 · District Court, W.D. Louisiana · May 15, 2014

Thus, the second prong of the qualified immunity test, whether the right was clearly established at the time, must be considered. … for the purpose of establishing qualified immunity.

Hargrove v. Goods

953 So. 2d 968 · Louisiana Court of Appeal · Feb 28, 2007

Hargrove contends that the trial court erred in granting summary judgment finding that the firemen were entitled to qualified immunity under La. … Furthermore, there is no cause of action against the defendants as they have qualified immunity under La.

Smith v. OUR LADY OF LAKE HOSP.

639 So. 2d 730 · Supreme Court of Louisiana · Sep 15, 1994

immunity, the language of the statute would have clearly reflected this intent." … Employing the former approach and tailoring the definition to fit the qualified immunity provision, courts have found that lack of malice or good faith can be proven by establishing a reasonable basis for the conduct.

Robertson v. Town of Farmerville

830 F. Supp. 2d 183 · District Court, W.D. Louisiana · Nov 17, 2011

Defendants argue that qualified immunity should be granted to these claims because the law was not clearly established and because Jackson did not knowingly violate such law. … Under qualified immunity, a state actor will be shielded from personal liability unless the right the actor violated was clearly established at the time of the violation. Harlow v.

Julia Ellis, Individually and on behalf of Glindale Randolph (D) v. Minh Mai, M.D.

Louisiana Court of Appeal · Feb 26, 2025

Ellis argued that: (1) the statute is a qualified immunity provision that must be pled as an affirmative defense; (2) Dr. … clearly on the face of the pleadings.

Lartey v. U.S. Department of Justice

790 F. Supp. 130 · District Court, W.D. Louisiana · Apr 24, 1992

In the case at bar, the defendants include a judge who is protected by an absolute immunity and INS attorneys, and investigators, all of whom are protected by qualified good-faith immunity. … The plaintiff must state a claim of violation of clearly established law. Immunity does not even become an issue unless the pleadings show that the plaintiff’s federally protected rights have been violated. Martinez v.

McCormick v. Edwards

479 F. Supp. 295 · District Court, M.D. Louisiana · Sep 26, 1979

Rhodes, supra, the Supreme Court made reference to what it termed a “qualified immunity” available under certain circumstances to officers of the executive branch of government: “. . .a qualified immunity is available to … The principles contained in the cases cited in Elrod , dating as far back as 1943, clearly show the illegality of the acts with which the defendants herein are charged, and they clearly establish that those principles have

Youngblood v. Bender

104 F. Supp. 2d 618 · District Court, E.D. Louisiana · Jul 18, 2000

Qualified Immunity While performing discretionary functions, government officials are shielded from liability for civil damages unless their conduct violates “clearly established statutory or constitutional rights of which … Established Constitutional Right To defeat summary judgment based on a qualified immunity defense, the plaintiff must first show that the defendant official violated a clearly established constitutional right, See: Hare,

Zaunbrecher ex rel. Father v. Martin

242 So. 3d 712 · Louisiana Court of Appeal · Mar 21, 2018

in qualified immunity statutes, immunity should not apply to the security guards in this case. … , it's not qualified as Mr.

Summerchase Ltd. Partnership I v. City of Gonzales

970 F. Supp. 522 · District Court, M.D. Louisiana · Jun 17, 1997

The Court will now turn to the defense of qualified immunity- (III)(B) Qualified Immunity Defendants claim the Board of Aldermen are protected from suit by qualified immunity. … “Government officials performing discretionary functions are entitled to qualified immunity from suit unless their conduct violated clearly established statutory or constitutional rights of which a reasonable person would

Williams v. Harding

2012 La.App. 1 Cir. 1595 · Louisiana Court of Appeal · Apr 26, 2013

Williams’s claims, and that Trooper Harding and the State Police are entitled to qualified/discretionary immunity, pursuant to La. R.S. 9:2798.1. … Williams were to prevail, he will have established that his criminal convictions lack any basis. Jurisprudence clearly holds that civil suits are not allowed to collaterally attack previous criminal convictions.

Covington v. McNEESE STATE UNIVERSITY

996 So. 2d 667 · Louisiana Court of Appeal · Nov 5, 2008

XI immunity. McNeese's sole "argument" against waiver is that "McNeese does not waive its right to immunity under the Eleventh Amendment." … Shamieh's records clearly note that Covington, at times, suffers from memory dysfunction.