Case law

Stavis v. Engler

202 So. 2d 672 · Louisiana Court of Appeal · Sep 15, 1967

Stavis the deposit made with his qualifying papers. Mr. … In brief the testimony clearly indicates that Mr.

Bergeron v. Argonaut Great Cent. Ins. Co.

958 So. 2d 676 · Louisiana Court of Appeal · Feb 9, 2007

All establishments that sell or serve raw oysters must display signs, menu notices, table tents, or other clearly visible messages at point of sale with the following wording: "THERE MAY BE A RISK ASSOCIATED WITH CONSUMING … IF YOU SUFFER FROM CHRONIC ILLNESS OF THE LIVER, STOMACH OR BLOOD OR HAVE OTHER IMMUNE DISORDERS, YOU SHOULD EAT THESE PRODUCTS FULLY COOKED." . . .

Havlik v. Myers

District Court, W.D. Louisiana · Jan 8, 2025

then clearly established law. … Even if the government officials’ conduct violated a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable. Hernandez Ex. Rel.

Walker v. Whittington

District Court, W.D. Louisiana · Aug 25, 2025

“Qualified immunity shields an officer from liability if his ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Benavides v. … The second prong of the qualified immunity analysis requires the violation of a right that has been clearly established. See id.

Williams v. Dauthier

District Court, M.D. Louisiana · Sep 19, 2024

right, and (2) the right was clearly established at the time.” … App’x 569, 575 (10th Cir. 2021) (“[T]he qualified-immunity argument was underdeveloped.” “[Defendants] argue that the contours of any right were not clearly established . . .

Jackson v. Parish of East Baton Rouge

185 So. 2d 589 · Louisiana Court of Appeal · Apr 4, 1966

Defendant’s exception was based upon the premise of governmental immunity. … We feel that the facts of this case clearly fit the recent decision of this Court in the case of Green v.

Thomas v. Wright

District Court, W.D. Louisiana · Mar 27, 2025

overcome qualified immunity must plead specific facts that both allow the court to draw the reasonable inference that the defendant is liable for the harm he has alleged and that defeat a qualified immunity defense … immunity.”70 That Rule 7(a) Reply was the opportunity for Plaintiffs to sufficiently plead facts to overcome qualified immunity.

Tredell Smith v. New Orleans City et al.

District Court, E.D. Louisiana · Dec 22, 2025

of a clearly established law. … Thus, Shumpert demonstrates that the absence of a clearly established law provides another basis to conclude that qualified immunity applies to Smith’s claims. 2.

Koonce v. St. Paul Fire & Marine Ins. Co.

15 La.App. 3 Cir. 31 · Louisiana Court of Appeal · Aug 5, 2015

In Haab, 139 So.3d at 1182 (emphasis added), in interpreting La.R.S.29:735 and La.R.S.9:2798.1(C)(2), which provides for qualified immunity to public, entities *1107 and their officials and employees except in the case of … On June 6, 2014, Appellees filed a motion for summary judgment, asserting Appellant was unable to establish an exception to the immunity statutes, La. R.S. 29:735 and La.R.S. 9:2800.17.

Palowsky v. Benson

District Court, W.D. Louisiana · Feb 18, 2025

conduct does not violate clearly established statutory or constitutional law of which a reasonable person would have known.”75 “When a defendant invokes qualified immunity, the burden is on the plaintiff to demonstrate … a defendant committed a constitutional violation and her actions were objectively unreasonable in light of a clearly established civil right.78 “To be ‘clearly established’ for purposes of qualified immunity, ‘[t]he contours

Brown v. Baton Rouge Police Department

District Court, M.D. Louisiana · Feb 19, 2025

Thus, Wallace is not entitled to qualified immunity. (Id.) … Wallace is also not entitled to qualified immunity on the unlawful search claim because it is clearly established that a strip search cannot be justified on reasonable suspicion. (Id. at 4.)

Francis v. Morial

455 So. 2d 1168 · Supreme Court of Louisiana · Sep 10, 1984

The New Orleans home rule charter establishes an aviation board consisting of five members to be appointed by the Mayor with the approval of the city council. … Home rule abilities and immunities are bestowed by the constitution in terms too full and general to warrant narrow construction of them by the courts. Kean, supra at 66.

Thomas v. Wright

District Court, W.D. Louisiana · Mar 27, 2025

because Plaintiffs fail to allege facts showing a violation of any constitutional right or a violation of “clearly established” law.38 As previously noted, Defendants asserted qualified immunity in … violation at the first step of the qualified immunity analysis.

Hanks v. Seale

904 So. 2d 662 · Supreme Court of Louisiana · Jun 17, 2005

R.S. 40:1299.41 et seq., to establish a framework for compensating persons *666 who are injured as a result of medical malpractice committed by qualified health care providers. Bijou v. Alton Ochsner Med. … The Bennett holding is clearly inapplicable in this case, however, since there is no dispute that the defendant physicians are qualified health care providers under the MMA.

Dennis v. Wiley

2009 La.App. 1 Cir. 0236 · Louisiana Court of Appeal · Sep 11, 2009

Therefore, the Sheriffs Office cannot rely on statutory immunity to shield itself from potential negligence liability in this situation. … Whether a duty is owed is clearly a question of law. Faucheaux v. Terrebonne Consol. Government, 615 So.2d 289, 292 (La.1993).

Snearl v. Mercer

780 So. 2d 563 · Louisiana Court of Appeal · Feb 16, 2001

that the finding is clearly wrong (manifestly erroneous). … Frank clearly did not discharge his duty to maintain control of his vehicle.

Van Pelt v. Morgan City Power Boat Ass'n, Inc.

489 So. 2d 1346 · Louisiana Court of Appeal · Sep 19, 1986

Therefore, the fact that the Association collected an admission does not alone establish that the race was a commercial activity. … Plaintiff answers yes, believing the immunity to be personal, as is the parents' immunity to suit by their children and one spouse's immunity to suit by the other. Danzy v.

Corley v. East Baton Rouge Parish School Board

District Court, M.D. Louisiana · Jan 6, 2025

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 … The Fifth Circuit has clarified that all discovery involving a defendant raising the defense of qualified immunity must be stayed until resolution of the defense of qualified immunity: The Supreme Court has now made clear

Cox v. Allied Chemical Corp., Local 216, International Union of Operating Engineers

382 F. Supp. 309 · District Court, M.D. Louisiana · Sep 23, 1974

Furthermore, the evidence clearly establishes that he had acquired maintenance related training and skills while in the Army. … It is clearly established by the cases which have interpreted 42 U.S.C. § 2000e-5 that there are only two jurisdictional requirements for suit under Title VII: 1) The filing of a complaint with EEOC and 2) The receipt of

Holliday v. State ex rel. Office of Financial Assistance

98 La.App. 1 Cir. 2196 · Louisiana Court of Appeal · Dec 28, 1999

Plaintiff relies on La.R.S. 23:1031 E which provides: An injury by accident should not be considered as having arisen out of the employment and thereby not covered by the provisions of this Chapter if the employer can establish … [fiThe argument advanced by the state was clearly rejected in Guillory .