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5 Louisiana opinions name it 3 courts 1990–2003 0 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Scheuer v. Rhodesred2 sentences2003See, e.g., Scheuer v. Rhodes, 416 U.S. 232 , 247-48 , 94 S.Ct. 1683 , 1692 , 40 L.Ed.2d 90 (1974), appeal after remand, 570 F.2d 563 (6th Cir. 1977) certiorari denied, 435 U.S. 924 , 98 S.Ct. 1488 , 55 L.Ed.2d 517 (1978) ("[I]n varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent on the scope of discretion and responsibilities of the office and all the circumstances as they reasonably appeared at the time of the action on which liability is sought to be based.") [14] Until recently, the availability of qualified immun 2003See, e.g., Scheuer v. Rhodes, 416 U.S. 232 , 247-48 , 94 S.Ct. 1683 , 1692 , 40 L.Ed.2d 90 (1974), appeal after remand, 570 F.2d 563 (6th Cir. 1977) certiorari denied, 435 U.S. 924 , 98 S.Ct. 1488 , 55 L.Ed.2d 517 (1978) ("[I]n varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent on the scope of discretion and responsibilities of the office and all the circumstances as they reasonably appeared at the time of the action on which liability is sought to be based.") [14] Until recently, the availability of qualified immun | 3 | 3 |
Arthur Krause v. James A. Rhodesgreen2 sentences2003See, e.g., Scheuer v. Rhodes, 416 U.S. 232 , 247-48 , 94 S.Ct. 1683 , 1692 , 40 L.Ed.2d 90 (1974), appeal after remand, 570 F.2d 563 (6th Cir. 1977) certiorari denied, 435 U.S. 924 , 98 S.Ct. 1488 , 55 L.Ed.2d 517 (1978) ("[I]n varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent on the scope of discretion and responsibilities of the office and all the circumstances as they reasonably appeared at the time of the action on which liability is sought to be based.") [14] Until recently, the availability of qualified immun 2002See, e.g., Scheuer v. Rhodes, 416 U.S. 232 , 247-48 , 94 S.Ct. 1683 , 1692 , 40 L.Ed.2d 90 (1974), appeal after remand, 570 F.2d 563 (6th Cir. 1977) certiorari denied, 435 U.S. 924 , 98 S.Ct. 1488 , 55 L.Ed.2d 517 (1978) ("[I]n varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent on the scope of discretion and responsibilities of the office and all the circumstances as they reasonably appeared at the time of the action on which liability is sought to be based.") [14] Until recently, the availability of qualified immun | 3 | 3 |
Angelini v. United Statesgreen2 sentences2003See, e.g., Scheuer v. Rhodes, 416 U.S. 232 , 247-48 , 94 S.Ct. 1683 , 1692 , 40 L.Ed.2d 90 (1974), appeal after remand, 570 F.2d 563 (6th Cir. 1977) certiorari denied, 435 U.S. 924 , 98 S.Ct. 1488 , 55 L.Ed.2d 517 (1978) ("[I]n varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent on the scope of discretion and responsibilities of the office and all the circumstances as they reasonably appeared at the time of the action on which liability is sought to be based.") [14] Until recently, the availability of qualified immun 2002See, e.g., Scheuer v. Rhodes, 416 U.S. 232 , 247-48 , 94 S.Ct. 1683 , 1692 , 40 L.Ed.2d 90 (1974), appeal after remand, 570 F.2d 563 (6th Cir. 1977) certiorari denied, 435 U.S. 924 , 98 S.Ct. 1488 , 55 L.Ed.2d 517 (1978) ("[I]n varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent on the scope of discretion and responsibilities of the office and all the circumstances as they reasonably appeared at the time of the action on which liability is sought to be based.") [14] Until recently, the availability of qualified immun | 3 | 3 |
Gordon v. Commissionergreen2 sentences2003See, e.g., Scheuer v. Rhodes, 416 U.S. 232 , 247-48 , 94 S.Ct. 1683 , 1692 , 40 L.Ed.2d 90 (1974), appeal after remand, 570 F.2d 563 (6th Cir. 1977) certiorari denied, 435 U.S. 924 , 98 S.Ct. 1488 , 55 L.Ed.2d 517 (1978) ("[I]n varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent on the scope of discretion and responsibilities of the office and all the circumstances as they reasonably appeared at the time of the action on which liability is sought to be based.") [14] Until recently, the availability of qualified immun 2002See, e.g., Scheuer v. Rhodes, 416 U.S. 232 , 247-48 , 94 S.Ct. 1683 , 1692 , 40 L.Ed.2d 90 (1974), appeal after remand, 570 F.2d 563 (6th Cir. 1977) certiorari denied, 435 U.S. 924 , 98 S.Ct. 1488 , 55 L.Ed.2d 517 (1978) ("[I]n varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent on the scope of discretion and responsibilities of the office and all the circumstances as they reasonably appeared at the time of the action on which liability is sought to be based.") [14] Until recently, the availability of qualified immun | 3 | 3 |
Olinkraft, Inc. v. Louisianagreen2 sentences2003See, e.g., Scheuer v. Rhodes, 416 U.S. 232 , 247-48 , 94 S.Ct. 1683 , 1692 , 40 L.Ed.2d 90 (1974), appeal after remand, 570 F.2d 563 (6th Cir. 1977) certiorari denied, 435 U.S. 924 , 98 S.Ct. 1488 , 55 L.Ed.2d 517 (1978) ("[I]n varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent on the scope of discretion and responsibilities of the office and all the circumstances as they reasonably appeared at the time of the action on which liability is sought to be based.") [14] Until recently, the availability of qualified immun 2002See, e.g., Scheuer v. Rhodes, 416 U.S. 232 , 247-48 , 94 S.Ct. 1683 , 1692 , 40 L.Ed.2d 90 (1974), appeal after remand, 570 F.2d 563 (6th Cir. 1977) certiorari denied, 435 U.S. 924 , 98 S.Ct. 1488 , 55 L.Ed.2d 517 (1978) ("[I]n varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent on the scope of discretion and responsibilities of the office and all the circumstances as they reasonably appeared at the time of the action on which liability is sought to be based.") [14] Until recently, the availability of qualified immun | 3 | 3 |
Clements v. Ryangreen1 sentence2003Kelly v. West Cash & Carry Building Materials Store, 99-0102, p. 11 (La.App. 4 Cir. 10/20/99), 745 So.2d 743, 752 (citing Clements v. Ryan, 382 So.2d 279, 282 (La.App. 4 Cir. 1980)). *417 In Smith v. Our Lady of the Lake Hospital, 93-2512 (La.7/5/94), 639 So.2d 730 , the Supreme Court discussed the availability of qualified immunity from a defamation claim stemming from the peer review of a cardiologist whose hospital privileges were suspended. | 1 | 1 |
Kelly v. West Cash & Carry Bldg. Materialsgreen1 sentence2003Kelly v. West Cash & Carry Building Materials Store, 99-0102, p. 11 (La.App. 4 Cir. 10/20/99), 745 So.2d 743, 752 (citing Clements v. Ryan, 382 So.2d 279, 282 (La.App. 4 Cir. 1980)). *417 In Smith v. Our Lady of the Lake Hospital, 93-2512 (La.7/5/94), 639 So.2d 730 , the Supreme Court discussed the availability of qualified immunity from a defamation claim stemming from the peer review of a cardiologist whose hospital privileges were suspended. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Smith v. OUR LADY OF LAKE HOSP.
green
1 sentence2003Kelly v. West Cash & Carry Building Materials Store, 99-0102, p. 11 (La.App. 4 Cir. 10/20/99), 745 So.2d 743, 752 (citing Clements v. Ryan, 382 So.2d 279, 282 (La.App. 4 Cir. 1980)). *417 In Smith v. Our Lady of the Lake Hospital, 93-2512 (La.7/5/94), 639 So.2d 730 , the Supreme Court discussed the availability of qualified immunity from a defamation claim stemming from the peer review of a cardiologist whose hospital privileges were suspended. | 1 | 2003–2003 |
Harlow v. Fitzgerald
green
2 sentences1992An official could not invoke qualified immunity if he `knew or reasonably should have known' that his actions would violate the plaintiff's constitutional rights `or if he took the action with malicious intention to cause a deprivation of constitutional *1160 rights or other injury....' [Citations omitted.] In Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) the United States Supreme Court did away with the traditional subjective "good faith" inquiry in order to more effectively carry out the purposes behind the immunity doctrines. 1992An official could not invoke qualified immunity if he `knew or reasonably should have known' that his actions would violate the plaintiff's constitutional rights `or if he took the action with malicious intention to cause a deprivation of constitutional *1160 rights or other injury....' [Citations omitted.] In Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) the United States Supreme Court did away with the traditional subjective "good faith" inquiry in order to more effectively carry out the purposes behind the immunity doctrines. | 1 | 1992–1992 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.