Case law

Miller-Douglas v. KILLER

579 So. 2d 491 · Louisiana Court of Appeal · Apr 30, 1991

Therefore, the appellees sufficiently established that the statements made by Keller about appellant were made in good faith. The other two elements of qualified privilege were also established in this case. … Keller, as hospital administrator, clearly had a duty to report complaints about the alleged unprofessional conduct of a physician working at the hospital.

Quaker Hill v. Guin

95 So. 2d 370 · Louisiana Court of Appeal · Apr 26, 1957

The contention is made by its counsel it is engaged exclusively in interstate business and enjoys immunity from the Louisiana statute under the commerce clause of the Federal Constitution. … Mills Novelty Company illustrate clearly how transactions may be characterized with an intra-state character.

Delery v. Prudential Ins. Co. of America

643 So. 2d 807 · Louisiana Court of Appeal · Sep 29, 1994

the evidence or clearly without evidentiary support. … This sentence, the court concluded, clearly suggests that fault should be allocated to immune employers. Id. at 831 . Ironically though, the result in Gauthier is the same as Guidry .

Courville v. Unknown Officers

District Court, W.D. Louisiana · Sep 11, 2024

Qualified immunity shields government officials from civil liability for claims under federal law unless their conduct "violates a clearly established constitutional right." Mace v. … The Court finds that Plaintiff has satisfied the first step of the qualified immunity analysis; he has alleged facts that, if proven, constitute a violation of his clearly established Fourth Amendment right to be free from

Becker v. Dean

854 So. 2d 864 · Supreme Court of Louisiana · Sep 26, 2003

Bernard Parish for at least two (2) years immediately preceding the time established by law for qualifying for office. Thus, in order for defendant to qualify for councilman-at-large (East), § 2.01(e) of the St. … Bernard Parish for at least two (2) years immediately preceding the time established by law for qualifying for office. [Emphasis added.]

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.

Walter v. New Orleans City

District Court, E.D. Louisiana · Jun 17, 2025

immunity defense if he . . . deliberately conceals exculpatory evidence, for such activity violates clearly established constitutional principles.”124 “[A] police officer violates clearly established constitutional … necessary for it to rule on O’Neal’s qualified immunity defense.

Nathaniel Roy Williams v. George Harrison

Louisiana Court of Appeal · Aug 5, 2022

On the merits of that claim, the evidence clearly showed that although at the time of his qualifying, Harrison claimed a homestead exemption on property located outside the municipality of Delhi located at 364 Highway … For example, the evidence did not establish Mr. Harrison paid rent, established utilities, or received postal mail at that address. The record established Mr.

Levens v. Gaspard

District Court, E.D. Louisiana · Mar 10, 2023

law to defeat qualified immunity. … The qualified immunity defense has two prongs: (1) whether an official’s conduct violated a constitutional right of the plaintiff and (2) whether the right was clearly established at the time of the violation.

Mallet v. Geans

District Court, W.D. Louisiana · Oct 15, 2020

established statutory or constitutional rights.”1 When a defendant asserts qualified immunity, the plaintiff must show that he has pleaded “facts which, if true, would overcome the defense of qualified immunity.”2 To … do so, the plaintiff must show (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.3 For a right to be clearly established

Jenkins v. CNA Ins. Co.

98 La.App. 1 Cir. 0022 · Louisiana Court of Appeal · Dec 28, 1998

Recognizing that the general trend among the states was toward the abolition of the interspousal immunity, the court declined to adopt or give effect to the doctrine of interspousal immunity within the admiralty law. … Byrd nor any public policy consideration establishes that liability insurance coverage for the negligent operation of a boat is mandated by federal admiralty law.

Jones v. Sassone

205 F. Supp. 2d 602 · District Court, E.D. Louisiana · May 30, 2002

Absolute immunity on the § 1983 equal protection claim Roberts and Paciera argue that they are entitled to absolute immunity in their individual capacities. … In response to a motion for a stay pending appeal, Judge Clement requested that the prosecutors brief two issues: whether petitioner met the Code 6 criteria and whether the defendants are entitled to qualified immunity.

Kador v. Gautreaux

District Court, M.D. Louisiana · Mar 31, 2025

However, once the defense of qualified immunity is raised, “a plaintiff has the burden to rebut the qualified immunity defense … We do not require that an official demonstrate that he did not violate clearly established … that Fifth Circuit caselaw supported the denial of qualified immunity when it clearly ruled otherwise based on the lack of clearly established law.179 Further, the Court did not find a “robust consensus of persuasive authority

Da'vyta Gray v. Town of Ringgold, Bienville Parish Sheriff's Office, The Bienville Parish Police Jury

Louisiana Court of Appeal · Oct 1, 2025

clearly on the face of the pleadings. … There may be some liability on the part of the BPPJ; however, discovery is the proper procedure to establish the extent or degree, if any, to which each party is liable to the appellant.

Jordan v. The City of Plaquemine

District Court, M.D. Louisiana · Nov 21, 2022

Qualified immunity shields government officials from individual liability for performing discretionary functions, unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.

Montgomery-Smith v. La. Dep't of Health & Hosps.

299 F. Supp. 3d 790 · District Court, E.D. Louisiana · Mar 1, 2018

have rendered the prior judgment; (3) the prior judgment must have been final and on the merits; and (4) the plaintiff must raise the same cause of action in both suits. 116 The first three elements of res judicata are clearly … Louisiana State University , "sovereign immunity bar[s] federal courts from hearing state law claims brought in federal court against state entities." 166 For the purpose of sovereign immunity, DHH, a Louisiana state agency

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.

Barto v. Franchise Enterprises, Inc.

588 So. 2d 1353 · Louisiana Court of Appeal · Oct 30, 1991

The opinion establishes judicially a loophole in the exclusivity provision not unlike the "executive officer" loophole. … In conclusion, the court found that the employee's assault was clearly motivated by his personal considerations.

Alexander v. La. State Board of Private Investigator Examiners

211 So. 3d 544 · Louisiana Court of Appeal · Feb 17, 2017

R.S. 9:2792.4, the doctrine of discretionary immunity, and the doctrine of quasi-judicial immunity. 3. The judgment in Mr. … The appellate court should not disturb the trial court’s findings unless the record establishes that those findings are manifestly erroneous or clearly wrong. Rando , 08-1163 at p. 20, 16 So.3d at 1082; Stobart v.

State v. Jones

363 So. 2d 455 · Supreme Court of Louisiana · Oct 9, 1978

." *457 Subsequent discussion between the court and the prosecutor wherein the prosecutor communicated a willingness to grant immunity in exchange for DeGreat's testimony again established that the court's concern in "upholding … established that he was not relying on any constitutional right he possessed.