Case law

Air Supply, Inc. v. Michael M. Wahlder

Louisiana Court of Appeal · Jun 10, 2009

. § 1983, as defendants are entitled to absolute and qualified immunity. … government officials performing discretionary functions generally are shielded from liability for civil damages, unless their conduct violates clearly established statutory or constitutional rights of which a

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

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.

United States v. LeBeouf Bros. Towing Co., Inc.

377 F. Supp. 558 · District Court, E.D. Louisiana · Jun 14, 1974

It is Coast Guard policy to assume that the penalty will be at or near the maximum unless a lesser penalty is clearly justified by one of the factors listed in Section 311(b) (6). … methods and procedures for *561 removal of discharged oil, (B) establishing criteria for the development and implementation of local and regional oil removal contingency plans, (C) establishing procedures, methods, and requirements

Hall v. Louisiana

974 F. Supp. 2d 978 · District Court, M.D. Louisiana · Sep 30, 2013

of Louisiana has not waived its immunity from suit in federal court. … Jan. 9, 2012) (noting Schedler’s role in opening qualifying for elected positions, as well as holding and conducting state elections).

Michael M. Sellar v. Donald "Don" Nance

Louisiana Court of Appeal · Mar 1, 2022

The standard of review of findings of fact by the trial court is the clearly wrong or manifest error standard. Sealy v. … Regarding the issue of Nance’s status as a qualified elector, the record before this Court indisputably establishes that Nance maintained his homestead exemption on his Love Street residence at the time of qualifying.

Cleveland v. Williams

148 So. 3d 229 · Louisiana Court of Appeal · Sep 8, 2014

Your intention was to get a house there, establish a residence so you could qualify. And the house is not owned by you. You don’t pay rent. It’s still owned by Mr. Cowart. … However, for the year prior to the qualifying period, Mr. Williams took the steps he needed to take to establish a new domicile within Delhi to run for Chief of Police. First, Mr.

In Re Arnold

991 So. 2d 531 · Louisiana Court of Appeal · May 23, 2008

The Board is charged with enforcing the Louisiana Code of Governmental Ethics and establishing procedures to be followed. See LSA-R.S. 42:1132 and LSA-R.S. 42:1134. … The Board is charged with enforcing the Louisiana Code of Governmental Ethics and establishing procedures to be followed. See LSA-R.S. 42:1132.

Johnson v. Ray

2012 La.App. 4 Cir. 0006 · Louisiana Court of Appeal · Dec 5, 2012

court, and (2) the appellate court must further determine that the record establishes that the finding is clearly wrong or manifestly erroneous. … Katz is not qualified under La. R.S. 9:2794(D), the statute that establishes physician qualifications for expert testimony on |3whether a “physician departed from the accepted standards of medical care.” However, Dr.

Ekendahl v. Louisiana Medical Mutual Insurance Co.

124 So. 3d 461 · Louisiana Court of Appeal · Aug 28, 2013

system very much; • even though Celestone’s effect on an immune system is transient, he still prefers not altering an immune system, since strep is so aggressive; • he had never seen a patient develop strep sepsis from one … Kevin Murphy, M.D., the defendant, was qualified and accepted as an expert in the field of family practice. His testimony has been outlined above. Dr.

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

Abraugh v. Altimus

District Court, W.D. Louisiana · Oct 23, 2023

As such, the Court finds a Rule 7(a) response to the defense of qualified immunity is justified. … The Plaintiff’s Rule 7(a) reply should contain “allegations of fact focusing on the conduct of [each] individual who caused the [plaintiff’s] injury,” which, if proven, would establish the Defendants violated a clearly

Hubbard v. State

852 So. 2d 1097 · Louisiana Court of Appeal · Aug 13, 2003

He also stated, however, that Curtis was not immune to the affects of dehydration even though he had Russell-Silver syndrome. Dr. … Cook's testimony, particularly since she clearly questioned the radiologist's interpretation of the first CT scan.

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.

Teel v. STATE, DEPT. OF TRANSP. & DEVELOPMENT

681 So. 2d 340 · Supreme Court of Louisiana · Oct 15, 1996

The trial court went on to find that R.S. 9:2800 is an unconstitutional vestige of sovereign immunity in violation of La. Const. art. 12, § 10(A). … The trial court expressly found that "the evidence, although clearly showing that problems existed in the eastbound roadway, is deficient to establish actual or constructive knowledge of a defect ..." [1] The trial court

Opinion Number

Louisiana Attorney General Reports · Mar 21, 1995

The intentional conducting or assisting in the conducting of gaming operations at the official gaming establishment as defined and authorized in Chapter 10 of Title 4 of the Louisiana Revised Statutes of 1950 shall not constitute … R.S. 33:4861.4 , there are a number of games permitted under the Charitable Raffles, Bingo and Keno Licensing Law that may legally be conducted by a licensed, qualified organization. La.

Adams v. Walker

District Court, E.D. Louisiana · Dec 9, 2021

“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 … would have known.”10 “When a defendant asserts qualified immunity, the plaintiff has the burden of proving it is inapplicable.”11 Courts use a two-prong test to determine the applicability of qualified immunity to

Thomas v. Lobrano

76 So. 2d 599 · Louisiana Court of Appeal · Dec 1, 1954

It has been well and soundly established with reference to the evaluation of the opinion testimony of expert medical witnesses that the conclusions of qualified specialists in the various fields of medicine are entitled to … established by the record before us.

Villane v. Azar

566 So. 2d 645 · Louisiana Court of Appeal · Aug 17, 1990

Azar, qualified as a candidate for Judge, Court of Appeal, Fifth Circuit. *646 Plaintiff as a qualified elector challenged Azar's qualification on the ground that he lacked the residency requirement provided by the constitution … As in any case the factual findings of and inferences drawn by the trial court will not be disturbed on appeal unless clearly wrong.

Webb v. Parish of St. Tammany

959 So. 2d 921 · Louisiana Court of Appeal · Feb 9, 2007

Thus, as the party moving for summary judgment, the District had sustained its initial burden of proof and established a prima facie case that it was entitled to immunity pursuant to LSA-R.S. 9:2795. … In accordance with the recreational use immunity statute, after the District carried its initial burden, the burden shifted to Mr.