Case law

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.

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

Walker

District Court, W.D. Louisiana · May 6, 2026

Taylor, 465 F.3d 174, 179 (5th Cir. 2006) (applying qualified immunity to an FMLA claim). First, the district court determines whether the plaintiff’s allegations establish a violation of a clearly established right. … If an official’s conduct was objectively reasonable, even if he had violated a clearly established right, he is entitled to qualified immunity. Id.

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

Traweek v. Gusman

District Court, E.D. Louisiana · Oct 23, 2019

What does it mean for a right to be clearly established? … Jones acted objectively unreasonably in light of clearly established law. Although Ms.

Hutchinson v. Belt

957 F. Supp. 97 · District Court, W.D. Louisiana · Dec 20, 1996

Defendants move for summary judgment on three separate grounds: (1) Hutchinson lacks standing; (2) the PoEcy is constitutional; and (3) defendants are entitled to qualified immunity from suit. The motion is unopposed. … As Hutchinson lacks standing, we do not need to address the merits of his suit or of the qualified immunity claimed by defendants.

Erie v. Hunter

District Court, M.D. Louisiana · Mar 23, 2022

Qualified immunity shields a government official from liability for civil damages “when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable … First, the “clearly established” prong of the qualified immunity analysis does not measure the reasonableness of a defendant’s 3 What motivated Defendant to force Plaintiff's attendance at the church service

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.

Rabeaux v. Aetna Casualty & Surety Co.

577 So. 2d 1214 · Louisiana Court of Appeal · Apr 17, 1991

No mention of joint venture appears in R.S. 23:1032 however, partners, partnerships and their employees are granted immunity under this provision. … Ra-beaux and Rosier did not contradict the allegations of fact set forth in these affidavits which clearly establish a joint venture agreement between Port City and Lott.

O'DELL v. Deich

496 So. 2d 1074 · Louisiana Court of Appeal · Oct 9, 1986

The second element needed to establish the defense of qualified privilege is that the communication must be on a subject in which the person communicating has an interest or owes a duty. Clearly, Ms. … For these reasons, the second element in establishing the defense of qualified privilege has been satisfied.

Barnett v. City of Monroe

124 So. 2d 249 · Louisiana Court of Appeal · Oct 27, 1960

From a careful study, it clearly appears that plaintiffs' petition does not meet the objections raised by the exception. … tort, the municipality, as his employer, is not liable in damages therefor because of its immunity from such liability.

Reed v. St. Charles General Hospital

11 So. 3d 1138 · Louisiana Court of Appeal · May 6, 2009

Reed died of AIDS, acquired immune deficiency syndrome. His wife’s death from AIDS followed on May 1,1995. Mr. and Mrs. Reed instituted these legal proceedings for compensation against the hospital and others. … The evidence before us clearly establishes that the PCF received a copy of the petition on December 29, 2007; the petition was not filed with the court until January 9, 2008.

Burton v. Berthelot

567 So. 2d 649 · Louisiana Court of Appeal · Aug 31, 1990

In addition to the immunity afforded plaintiff's employer, La.R.S. 23:1032 provides immunity for stockholders, officers, and directors of a corporate employer. However, this immunity is limited. … The extreme impact on plaintiff's mental health is clearly rooted in his physical condition brought about by the accident at the restaurant.

Williams v. Biggs

District Court, E.D. Louisiana · Mar 21, 2022

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 … Accordingly, the Fifth Circuit “has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to ascertain the availability of that

DI VINCENTI BROS. v. Livingston Parish S. Bd.

355 So. 2d 1 · Louisiana Court of Appeal · Mar 31, 1978

Splendour judicially terminated the doctrine of sovereign immunity from suit and liability in tort as established by prior case law. … The clearly expressed intent was to adopt the doctrine of sovereign immunity as part of our basic law, and to waive that immunity in the field of contracts and torts as exceptions to the general rule.

In Re: Medical Review Panel Proceedings of Shawn Boryca Vs.

Louisiana Court of Appeal · Aug 11, 2021

not exist in the record and 2) those findings are determined to be manifestly erroneous or clearly wrong. … Dickson breached the appropriate standard of care is manifestly erroneous or clearly wrong.

Stuart v. City of Morgan City

504 So. 2d 934 · Louisiana Court of Appeal · Mar 4, 1987

The essence of La.R.S. 9:2791 and 2795 is that an owner who qualifies for their immunity owes no duty of care and cannot incur liability. No distinction is made in either statute between negligent and strict liability. … In Van Pelt, 489 So.2d at 1353 , we observed as follows: Although the site of this accident is clearly more rural and undeveloped than that in Landry , the question of the character of the land was not much addressed in the

Smith v. Union Underwear, Inc.

457 So. 2d 248 · Louisiana Court of Appeal · Oct 10, 1984

It is established that Mrs. Smith is suffering from pain that is so substantial that she cannot return to her former occupation as an examiner of underwear briefs. But Mrs. … Smith may be qualified to perform which was to work as a cosmetologist. Mrs.

Willie Clark, Et Ux. v. Jennings Police Department

Louisiana Court of Appeal · Mar 5, 2014

To assess qualified immunity, courts utilize a two-part analysis. First, courts must “determine whether the plaintiff has „allege[d] the violation of a clearly established constitutional right.‟” Rankin v. … If a court finds that the officer‟s alleged conduct violated no constitutional right, the officer is entitled to qualified immunity and the court need not inquire further. Chavez v.

Sibley v. Board of Sup'rs of Louisiana State University

462 So. 2d 149 · Supreme Court of Louisiana · Jan 14, 1985

all suits, but did assume that sovereign immunity existed in some areas. … These areas were never defined." * * * * * * "One might wonder why the convention did not clearly abrogate all sovereign immunity.