Case law

Hammett v. Knight

99 La.App. 5 Cir. 1048 · Louisiana Court of Appeal · Sep 24, 1999

Clearly 436 Helios Avenue qualifies as a residence. The critical question is whether or not Mr. … Change in domicile for purposes of qualifying for public office occurs when there is a change in actual residence accompanied by the intention to make the new residence the candidate’s new establishment or home.

McNamara v. Arkansas-Louisiana Gas Co.

441 So. 2d 446 · Louisiana Court of Appeal · Nov 29, 1983

Each of the subsidiaries is qualified to do and is doing business in this state. … As it constitutes an exceptional privilege, an exemption must be clearly, unequivocally and affirmatively established. Meyers v. Flournoy, 209 La. 812 , 25 So.2d 601 (1946); Mattingly v.

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.)

Belgarde v. City of Natchitoches

156 So. 2d 132 · Louisiana Court of Appeal · Sep 11, 1963

However, as noted in the Givens case, 55 So.2d 291 , "of course, the unlawfulness of the action * * * must be clearly established, and it must be of such character and of such magnitude as would reasonably be calculated to … Pugh, Historical Approach to the Doctrine of Sovereign Immunity, 13 La.L.

Martin v. Boh Bros. Const. Co., LLC

934 So. 2d 196 · Louisiana Court of Appeal · Jun 7, 2006

Boh Brothers asserted an affirmative defense in its answer that it was statutorily immune from suit pursuant to R.S. 9:2771. … In its reasons for judgment, the trial court found that it had been established that Boh Brothers was re-surfacing the street where Martin fell, and that no barricades, cones, workmen, or equipment were present.

McClendon v. Bel

797 So. 2d 700 · Louisiana Court of Appeal · Sep 7, 2000

This court considers the apartment at 205 Northwest Central Avenue to be a domestic establishment, qualifying as a residence. The question remains whether the apartment at 205 Northwest Central Avenue is where Mr. … The reviewing court must review the record in its entirety to determine whether the trial court's finding was clearly wrong or manifestly erroneous. Bailey v.

Hebert v. Adcock

10 La.App. 3 Cir. 887 · Louisiana Court of Appeal · Feb 2, 2011

It is well settled that a court of appeal will ordinarily not set aside a trial court’s finding of fact unless it is clearly wrong. … Louisiana Code of Criminal Procedure Article 162 provides: A search warrant may issue only upon probable cause established to the satisfaction of the judge, by the affidavit of a credible person, reciting facts establishing

Steinhardt v. Batt

753 So. 2d 928 · Louisiana Court of Appeal · Feb 11, 2000

ESTABLISHMENT OF DOMICILE The trial judge's conclusion that Mr. Batt established a domicile in Orleans Parish on March 31, 1998, is clearly a factual finding subject to the manifest error standard of appellate review. … The evidence clearly supports that finding.

Usry v. Louisiana Dept. of Highways

459 F. Supp. 56 · District Court, E.D. Louisiana · Jun 27, 1978

The relief sought by plaintiff herein clearly falls within the prohibited “retroactive” category established by Edelman , representing monetary liability which, at the trial on the merits, may be established to have accrued … Louisiana has effected a waiver of its traditional governmental immunity from suit. 27 However, it is established beyond question that a state may waive its traditional governmental immunity and, at the same time, retain

Nugent v. Phelps

816 So. 2d 349 · Louisiana Court of Appeal · Apr 23, 2002

Immediately thereafter, a motion was made for involuntary dismissal, and after hearing the argument of the attorneys and reviewing the evidence briefly, the court stated that the burden was upon the plaintiff to establish … However, a review of the transcript will show that the judge read to the potential witnesses that portion of the statute dealing with immunity.

Kathleen Welch and Carroll Dewayne Welch v. United Medical Healthwest-New Orleans L.L.C. and United Medical Healthcare Inc.

Supreme Court of Louisiana · Mar 21, 2025

The immunity provision of the Louisiana Health Emergency Powers Act (LHEPA), La. … R.S. 29:771(B)(2)(c)(i) clearly demonstrates the immunity provision is intended to shield health care providers from liability when their conduct is related to or impacted by a public health emergency— which was not the

Woodard v. Carol

District Court, W.D. Louisiana · Sep 26, 2022

Qualified Immunity The doctrine of qualified immunity protects officers “from liability for civil damages insofar as their conduct does not violate clearly established … But even if he could, defendant Hall would still be entitled to qualified immunity because plaintiff cannot show a violation of clearly established law.

Sherome Hankton v. the State of Louisiana, Medical Center of Louisiana at New Orleans (University Hospital), Through the Board of Supervisors at Louisiana State University and Dr. John Doe

Louisiana Court of Appeal · Mar 4, 2020

“It is well settled that a trial court’s findings of fact will not be disturbed unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly erroneous.” … the finding is clearly wrong.’”

Opinion Number

Louisiana Attorney General Reports · Nov 7, 2005

Investigators of the district attorneys' offices are peace officers, as follows: The investigators of the district attorneys' offices shall be peace officers with all privileges, immunities, and defenses accorded to peace … 2): (2) "Appointive office" means any office in any branch of government or other position on an agency, board, or commission or any executive office of any agency, board, commission, or department which is specifically established

Pendleton v. Barrett

675 So. 2d 720 · Supreme Court of Louisiana · May 31, 1996

The pronouncements of this Court have therefore been consistent: payment by a qualified health care provider of $100,000 to a malpractice victim in settlement of a claim statutorily admits and establishes his liability, and … Stat. 40:1299.44C(5) that "the court shall consider the liability of the health care provider as admitted and established" when there is a settlement payment of $100,000 on behalf of any qualified health care provider, contemplated

Felton v. Hill

District Court, W.D. Louisiana · Sep 29, 2025

established statutory or constitutional rights of which a reasonable person would have known.”19 This is more commonly known as the doctrine of “qualified immunity.”20 Accordingly, “officers are entitled … unlawfulness of their conduct was “clearly established at the time.”21 The two steps of the qualified immunity inquiry may be performed in any order.22 When a defendant invokes qualified immunity, the

Dugas v. Fontenot

District Court, E.D. Louisiana · Feb 26, 2021

was “clearly established” at the time of the alleged violation.31 Defendants have raised a qualified immunity defense; thus, the burden is on the Plaintiff to demonstrate that the Officers are … overcome a qualified immunity defense, the plaintiff must establish that the official’s allegedly wrongful conduct violated clearly established law.43 The Court finds there is no genuine dispute

Brown v. Coregis Ins. Co.

752 So. 2d 347 · Louisiana Court of Appeal · Feb 18, 2000

The record establishes that, at the time of the accident, TPSB had a "school auto coverage" insurance policy with Coregis with a $1 million limit of liability above a $50,000.00 self-insured retention, and a $5 million umbrella … R.S. 32:603, insofar as they preclude an insurer from asserting "immunity," are superfluous in that they pertain to a governmental immunity which no longer exists.

Livingston Downs Racing Ass'n v. Jefferson Downs Corp.

192 F. Supp. 2d 519 · District Court, M.D. Louisiana · Aug 13, 2001

are concerned, therefore, the broader sham exception that obtains in the context of judicial proceedings is applicable. 14 *535 A common thread running through the corpus juris of the Noerr-Pennington doctrine is that, to qualify … Clearly, the Defendants pursued the same claim on several occasions. There is also some evidence that the Defendants abused the judicial process.

Willis v. Ballance

District Court, W.D. Louisiana · Sep 30, 2025

and that defeat a qualified immunity defense with equal specificity.” … The United States Court of Appeals for 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 established that the circumstances