Case law

Solomon

District Court, W.D. Louisiana · Dec 5, 2025

Once qualified immunity is asserted, “the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established … is entitled to qualified immunity.”).

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.

Guillory v. Interstate Gas Station

653 So. 2d 1152 · Supreme Court of Louisiana · Mar 30, 1995

Clearly, under the undisputed facts, defendants have shown that the injury arose from a non-employment related dispute between plaintiff and her husband. … Therefore, a strong `arising out of' showing was required to establish the relationship between the injury and the employment necessary for entitlement to compensation.

Douglas Bagwell v. Quality Easel Company, Inc., and James E. Dugdale, Jr.

Louisiana Court of Appeal · Nov 18, 2020

R.S. 23:1035. 8  As to CPCC’s DBE status, Angela Pody testified she was a Native American Indian, and since she was a co-owner of CPCC, the business was state-qualified as … for immunity under La.

Pitre v. Ledet

District Court, E.D. Louisiana · May 5, 2021

“Qualified immunity shields government officials from civil liability in their individual capacity so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … But, to overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.

Motton v. Lockheed Martin Corp.

900 So. 2d 901 · Louisiana Court of Appeal · Apr 6, 2005

Motton asserts she is not required to establish she was "clearly better qualified", but avers she did establish she was "clearly better qualified". … Motton was "clearly better qualified" than Mr. Henderson. Finally, Lockheed argues Ms. Motton failed to establish sex was the determinative factor in failing to promote her.

Compagnie Francaise De Navigation a Vapeur v. State Board of Health

56 L.R.A. 795 · Supreme Court of Louisiana · Mar 23, 1899

If an authority was intended to be given to establish maritime quarantine against any place whatsoever, without reference to the existence of disease there, the Legislature would certainly not "•have qualified the noun ‘places … “It is clear that the effect of that adjective is to qualify and make *656 special, what was before general; to limit the number, and, as it were,, to put a badge upon the places against which maritime quarantine can be declared

Domas v. Division of Employment Security of Department of Labor

227 La. 490 · Supreme Court of Louisiana · Feb 14, 1955

We are unable to conceive that the Constitutional Amendment conferred immunity against investigation of or censorship for offenses committed prior to its adoption. … The above quoted section does establish a one-year prescription period, but it clearly applies only to investigations and actions brought before the Commission by persons other than the employer.

State v. Newton

328 So. 2d 110 · Supreme Court of Louisiana · Feb 23, 1976

A statute is presumed to be constitutional, and the burden of clearly establishing unconstitutionality rests upon the party who attacks the statute. State v. Guidry, 247 La. 631 , 173 So.2d 192 (1965); Johnson v. … A statute is presumed to be constitutional, and the burden of clearly establishing unconstitutionality rests upon the party who attacks the statute. State v. Guidry, 247 La. 631 , 173 So.2d 192 (1965); Johnson v.

Latiolais v. BFI of Louisiana, Inc.

567 So. 2d 1159 · Louisiana Court of Appeal · Oct 3, 1990

Thus, if the "agreement" between Durand and Perry established a valid joint venture, as the jury found, Perry is immune from tort liability for plaintiff's accident. … This evidence was clearly admissible. In Dixie Campers, Inc. v. Vesely Company, 398 So.2d 1087 (La.1981), the Louisiana Supreme Court stated: "...

Dunn v. Bryant

701 So. 2d 696 · Louisiana Court of Appeal · Sep 19, 1997

The burden is on a defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the Act. … Such a result would clearly be contrary to the implicit intention of the legislature and the purpose of the Act. [5] Proof of financial responsibility is not an issue in this case because a policy of malpractice liability

Anders

District Court, E.D. Louisiana · Oct 29, 2025

The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … This requirement establishes a high bar.”187 When there is no controlling authority specifically prohibiting a defendant’s conduct, the law is not clearly established for the purposes of defeating qualified

Isidore v. Victory Club, Inc.

923 So. 2d 747 · Louisiana Court of Appeal · Nov 30, 2005

At that point, if the party opposing the motion “fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact … Pegasus argued to the trial court that it was immaterial that Isidore was allegedly not watching the parade, but was instead working, because the statute clearly states that “No” person shall have a cause of action absent

STATE ETC. v. City of Pineville

403 So. 2d 49 · Supreme Court of Louisiana · Jul 2, 1981

Civil Code establishes the general rule that all personal actions are prescribed by ten years, unless the specific action is governed by some other term of prescription. … The motion for summary judgment was also accompanied by a supporting affidavit in the record, which clearly states that no record can be found indicating that the city obtained the requisite approval.

Shelton v. Pavon

2016 La.App. 4 Cir. 0758 · Louisiana Court of Appeal · Feb 15, 2017

C.C.P. art. 971(F)(1)(a) provides: (F) As used in this Article, the following term shall have the meanings ascribed to them below, unless the context clearly indicates otherwise: (1) “Act in furtherance of a person’s right … Pavón claimed, an allegation in a pleading is subject to a qualified privilege.

Llopis v. La. State Bd. of Dentistry

255 So. 3d 627 · Louisiana Court of Appeal · Aug 29, 2018

The grounds asserted in the motion were that "the judgment rendered is clearly contrary to the law" and that "good ground" under La. C.C.P. Art. 1973 existed due to the fact that Dr. … Based on the facts of this case, both immunity defenses offer equivalent qualifiers to their application: La.

Rosemary Grimsley v. Liberty Mutual Insurance Company, James Construction Group, LLC, and State of Louisiana

Louisiana Court of Appeal · Aug 14, 2019

has met its burden of showing entitlement to the immunity afforded by La. … Albeit there were no reflectors on the barrier, the undisputed facts clearly show that measures were in place to alert motorists to any hazards at the intersection.

Walls v. Caddo Parish

District Court, W.D. Louisiana · Mar 31, 2023

The doctrine of qualified immunity shields government officials from liability for claims against them in their individual capacity “insofar as their conduct does not violate clearly established statutory or constitutional … If the Plaintiffs can establish the violation of Walls’s constitutional right to be free of excessive force, the Court will then analyze the second element of qualified immunity, which is whether the right was clearly

Tabor v. Goodwin

District Court, W.D. Louisiana · Jan 13, 2020

Malcolm argues that he is entitled to qualified immunity because Plaintiff has failed to allege any specific acts by Malcolm that violated Plaintiff's clearly established constitutional rights. … When a government official such as Malcolm asserts qualified immunity as a defense, the plaintiff is then responsible for rebutting that defense by establishing that the official’s alleged conduct violated clearly established

Benjamin v. Zeichner

113 So. 3d 197 · Supreme Court of Louisiana · Apr 5, 2013

At the hearing on the motion, it was established | sthat Dr. … Shamblin was licensed in both Alabama and Louisiana, and clearly qualified under La. R.S. 9:2794(D)(l)(d) to provide expert testimony. Thus, to require Dr.