Case law

Disedare v. Brumfield

District Court, E.D. Louisiana · Mar 13, 2024

Thus, qualified immunity “shields ‘government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Plaintiff failed to satisfy his burden to overcome qualified immunity on his excessive force claim because he did not identify a clearly established Eighth Amendment right that protects him against the Defendant officers

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.

Fleniken v. Entergy Corp.

780 So. 2d 1175 · Louisiana Court of Appeal · Feb 16, 2001

In order to establish the liability of Entergy, the parties had to prove the following: (1) that Entergy owed a duty to Mr. … Waiver of Tort Immunity: On appeal, Mr. Fleniken argues Safeway waived its right to claim tort immunity. [16] The issue of waiver is important, for if Safeway is not immune, Mr.

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.

State v. Feeback

414 So. 2d 1229 · Supreme Court of Louisiana · May 17, 1982

In the instant case, the items in question clearly tend to prove the commission of the charged offenses. … Clearly, defendant was not prejudiced by the joinder of the offenses.

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.

George A. Fuller Company v. Coastal Plains, Inc.

290 F. Supp. 911 · District Court, E.D. Louisiana · Oct 14, 1968

police protection for the wharves, to finance, build and operate locks, canals and wharehouse elevators, to charge, for the use of the wharves and its facilities, fees, rates, tariffs or other charges that the Dock Board may establish … Even the possession of sovereign immunity would not preclude our finding set out above that the Dock Board has a status and is an entity to qualify it as a citizen for diversity of citizenship jurisdiction. 5 Finally, it

Mundy v. Dept. of Health & Human Resources

593 So. 2d 346 · Supreme Court of Louisiana · Jan 17, 1992

When the employer seeks to avail itself of tort immunity under Section 1032, the employer has the burden of proving entitlement to immunity. … The employer contends, however, that the threshold doctrine establishes a more solid showing of "course of employment."

Ramsey v. Bossier City

District Court, W.D. Louisiana · Nov 3, 2022

The burden on this second prong of the qualified immunity analysis is “heavy: A right is clearly established only if relevant precedent ‘ha[s] placed the…constitutional question beyond debate.’” Morrow v. … of qualified immunity.

George v. Breaux

486 So. 2d 1159 · Louisiana Court of Appeal · Apr 9, 1986

These requirements were clearly met. With chutzpah, appellant asserts that the trial court improperly granted Ms. … In turn, appellant refers us to La.C.Cr.P. art. 439.1, the law regarding a grant of immunity in criminal cases. Whether the trial court followed the proper immunity statute is irrelevant.

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.

Lakeview Regional Medical Center v. Washington Parish School Board

2013 La.App. 1 Cir. 1934 · Louisiana Court of Appeal · Jul 17, 2014

that the finding is not clearly wrong (manifestly erroneous). … Lakeview had the burden at the trial before the OWCA to prove outlier status, so as to qualify for payments in excess of the surgical per diem. See Winn-Dixie v. HCA, 68 So.3d at 1190 .

Picard v. Zeit Exploration Co., Inc.

92 La.App. 1 Cir. 2242 · Louisiana Court of Appeal · Mar 11, 1994

Sun Oil Co., 218 La. 453 , 49 So.2d 852 (1950), established a test, known as the "integral relation" test, for determining whether the work performed by an employee was part of the principal's trade, business or occupation … The 1989 amendment clearly rejected those factors.

Stockstill v. CF Industries, Inc.

94 La.App. 1 Cir. 2072 · Louisiana Court of Appeal · Dec 15, 1995

that the finding is clearly wrong or manifestly erroneous. … However, the testimony of Yelverton upon which C.F. relies, i.e. that Yelverton was qualified to perform nondestructive testing, was clearly admissible as to his qualifications and background, and his specific duties regarding

Oliver v. Magnolia Clinic

9 La.App. 3 Cir. 439 · Louisiana Court of Appeal · Nov 17, 2010

Although it is true nurse practitioners must be registered nurses, the statutes clearly indicate their job responsibilities are significantly different. … This burden, as was *893 clearly set forth in Sibley , rests with the State.

Traweek v. Gusman

District Court, E.D. Louisiana · Jan 20, 2021

In the simplest of terms, qualified immunity “protects officers from liability for damages unless they violate clearly established law.” See Samuel L. … Callahan, 555 U.S. 223, 231 (2009) (“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established

Doe v. Merritt Hospitality, LLC

353 F. Supp. 3d 472 · District Court, E.D. Louisiana · Dec 18, 2018

Also, "the EEOC investigation clearly encompassed" a claim stated only in the intake questionnaire, because that claim was referenced in the defendant's position statement. Id. … To establish a prima facie discrimination claim under the ADA, a plaintiff must prove: (1) that he has a disability, or was regarded as disabled; (2) that he was qualified for the job; and (3) that he was subject to an adverse

Opinion Number

Louisiana Attorney General Reports · Sep 17, 2007

But an executive order cannot legislate new law or attempt to adopt what the legislature has clearly rejected. … In this instance, the federal statute very clearly specifies that a qualified Gulf Opportunity Zone Bond is to be designated as such by the Louisiana State Bond Commission.

Smith v. Southern Farm Bureau Casualty Ins. Co.

164 So. 2d 647 · Louisiana Court of Appeal · May 29, 1964

As pointed out by the majority, LSA-R.S. 9:291 (formerly Article 105 of the Code of Practice) creates an incapacity on the part of the wife to sue her husband for damages, or it establishes an immunity on the part of the … Although Fontenot is immune to suit by his wife, that immunity is personal as between those parties alone.

Hermes v. Greenwood Police Dept

District Court, W.D. Louisiana · Dec 27, 2024

and that defeat a qualified immunity defense with equal specificity.” … Hilton, 568 F.3d 181, 204 (5th Cir. 2009).3 The Fifth Circuit has held that where qualified immunity is asserted as a defense to a false arrest, the plaintiff must show that it was “‘clearly