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14 Louisiana opinions name it 1 courts 1987–2023 2 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 |
|---|---|---|
Eric Smith v. Steve Brenoettsy, Lieutenant, John P. Whitley, Wardengreen2 sentences2015“To hold a supervisory official so liable, the plaintiff must show that: (1) the supervisor either failed to supervise or train the subordinate official; (2) a causal link exists between the failure to train or supervise and the violation of the plaintiffs rights; and (3) the failure to train or supervise amounts to deliberate indifference.” Id., 158 F.3d at 911-12 . 2015“A supervisory official may be held liable under section 1983 for the wrongful acts of a subordinate 'when [the supervisory official] breaches a duty imposed by state or local law, and this breach causes plaintiffs constitutional injury.’” Smith v. Brenoettsy, 158 F.3d 908, 911 (5th Cir.1998), quoting Sims v. Adams, 537 F.2d 829, 831 (5th Cir.1976). | 1 | 1 |
Andrew Sims v. C. L. Adams, IIIgreen2 sentences2015“To hold a supervisory official so liable, the plaintiff must show that: (1) the supervisor either failed to supervise or train the subordinate official; (2) a causal link exists between the failure to train or supervise and the violation of the plaintiffs rights; and (3) the failure to train or supervise amounts to deliberate indifference.” Id., 158 F.3d at 911-12 . 2015“A supervisory official may be held liable under section 1983 for the wrongful acts of a subordinate 'when [the supervisory official] breaches a duty imposed by state or local law, and this breach causes plaintiffs constitutional injury.’” Smith v. Brenoettsy, 158 F.3d 908, 911 (5th Cir.1998), quoting Sims v. Adams, 537 F.2d 829, 831 (5th Cir.1976). | 1 | 1 |
Rellergert v. Cape Girardeau Countygreen1 sentence2013Although “the law is clearly ^established that jailers must take measures to prevent inmate suicides once they know of the suicide risk, we cannot say that the law is established with any clarity as to what those measures must be.” Jacobs, 228 F.3d at 394-95 (Quoting Hare v. City of Corinth, 135 F.3d 320 , 328-29 (5th Cir.1998) quoting Rellergert v. Cape Girardeau County, Mo., 924 F.2d 794, 797 (8th Cir.1991)). | 1 | 1 |
Daniels v. Williamsgreen2 sentences1998See, e.g., Parratt v. Taylor, 451 U.S. 527, 535 , 101 S.Ct. 1908, 1912 , 68 L.Ed.2d 420 (1981), overruled in part on other grounds, Daniels v. Williams, 474 U.S. 327, 330-31 , 106 S.Ct. 662, 664-65 , 88 L.Ed.2d 662 (1986). 1998See, e.g., Parratt v. Taylor, 451 U.S. 527, 535 , 101 S.Ct. 1908, 1912 , 68 L.Ed.2d 420 (1981), overruled in part on other grounds, Daniels v. Williams, 474 U.S. 327, 330-31 , 106 S.Ct. 662, 664-65 , 88 L.Ed.2d 662 (1986). | 1 | 1 |
Parratt v. Taylorred2 sentences1998See, e.g., Parratt v. Taylor, 451 U.S. 527, 535 , 101 S.Ct. 1908, 1912 , 68 L.Ed.2d 420 (1981), overruled in part on other grounds, Daniels v. Williams, 474 U.S. 327, 330-31 , 106 S.Ct. 662, 664-65 , 88 L.Ed.2d 662 (1986). 1998See, e.g., Parratt v. Taylor, 451 U.S. 527, 535 , 101 S.Ct. 1908, 1912 , 68 L.Ed.2d 420 (1981), overruled in part on other grounds, Daniels v. Williams, 474 U.S. 327, 330-31 , 106 S.Ct. 662, 664-65 , 88 L.Ed.2d 662 (1986). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lugar v. Edmondson Oil Co.
green
2 sentences2015The United States Supreme Court in Lugar v. Edmondson Oil Co., 457 U.S. 922, 937 , 102 S.Ct. 2744, 2753 , 73 L.Ed.2d 482 (1982), held private parties invoking a state attachment statute may be held liable under section 1983 if their actions are “fairly attributable to the state.” The Lugar court established a two-part test to determine whether the | ^deprivation of a party’s rights by a private actor may be fairly attributable to the state: (1) the deprivation must be caused by the exercise of some right or privilege created by the State or by a rule of conduct imposed by the State or by a per 2015The United States Supreme Court in Lugar v. Edmondson Oil Co., 457 U.S. 922, 937 , 102 S.Ct. 2744, 2753 , 73 L.Ed.2d 482 (1982), held private parties invoking a state attachment statute may be held liable under section 1983 if their actions are “fairly attributable to the state.” The Lugar court established a two-part test to determine whether the | ^deprivation of a party’s rights by a private actor may be fairly attributable to the state: (1) the deprivation must be caused by the exercise of some right or privilege created by the State or by a rule of conduct imposed by the State or by a per | 2 | 2011–2015 |
Vonner v. STATE EX REL. DEPT. OF PUBLIC WELFARE
green
1 sentence2023On September 16, 2015, plaintiffs filed their first amended and supplemental petition for damages against Ms. Gafford, DCFS and Ms. Sonnier, alleging that: (1) DCFS was liable under 42 U.S.C. §§ 1983 and 1988; (2) DCFS was negligent in its hiring, supervising, and training of Ms. Gafford; and (3) DCFS was vicariously liable for Grayson’s injuries pursuant to its employment of Ms. Gafford and nondelegable duty as his legal custodian as espoused in the holdings of Miller v. Martin, 02-0670 (La. 1/28/03), 838 So. 2d 761 , and Vonner v. State of La. through the Dept. of Public Welfare, 273 So. 2d | 1 | 2023–2023 |
Miller v. Martin
green
1 sentence2023On September 16, 2015, plaintiffs filed their first amended and supplemental petition for damages against Ms. Gafford, DCFS and Ms. Sonnier, alleging that: (1) DCFS was liable under 42 U.S.C. §§ 1983 and 1988; (2) DCFS was negligent in its hiring, supervising, and training of Ms. Gafford; and (3) DCFS was vicariously liable for Grayson’s injuries pursuant to its employment of Ms. Gafford and nondelegable duty as his legal custodian as espoused in the holdings of Miller v. Martin, 02-0670 (La. 1/28/03), 838 So. 2d 761 , and Vonner v. State of La. through the Dept. of Public Welfare, 273 So. 2d | 1 | 2023–2023 |
Monell v. New York City Dept. of Social Servs.
green
2 sentences2022Monell v. Department of Social Services, 436 U.S. 658, 690-1 , 98 S.Ct. 2018, 2035-6 , 56 L.Ed.2d 611 (1978). 2022Monell v. Department of Social Services, 436 U.S. 658, 690-1 , 98 S.Ct. 2018, 2035-6 , 56 L.Ed.2d 611 (1978). | 1 | 2022–2022 |
Kentucky v. Graham
green
2 sentences2018It likewise noted that "[m]ore is required in an official-capacity action ... for a governmental entity is liable under § 1983 only when the entity itself is a 'moving force' behind the deprivation, ... ; thus, in an official-capacity suit the entity's 'policy or custom' must have played a part in the violation of federal law ." Id. , 473 U.S. at 166 , 105 S.Ct. at 3105 . (emphasis added). 14 The Court ultimately concluded that despite having named the police commissioner "in both his 'individual' and 'official' capacities," the suit was, in actuality, an individual-capacity suit. 2018It likewise noted that "[m]ore is required in an official-capacity action ... for a governmental entity is liable under § 1983 only when the entity itself is a 'moving force' behind the deprivation, ... ; thus, in an official-capacity suit the entity's 'policy or custom' must have played a part in the violation of federal law ." Id. , 473 U.S. at 166 , 105 S.Ct. at 3105 . (emphasis added). 14 The Court ultimately concluded that despite having named the police commissioner "in both his 'individual' and 'official' capacities," the suit was, in actuality, an individual-capacity suit. | 1 | 2018–2018 |
Hare Ex Rel. Hare v. City of Corinth
green
1 sentence2013Although “the law is clearly ^established that jailers must take measures to prevent inmate suicides once they know of the suicide risk, we cannot say that the law is established with any clarity as to what those measures must be.” Jacobs, 228 F.3d at 394-95 (Quoting Hare v. City of Corinth, 135 F.3d 320 , 328-29 (5th Cir.1998) quoting Rellergert v. Cape Girardeau County, Mo., 924 F.2d 794, 797 (8th Cir.1991)). | 1 | 2013–2013 |
Jacobs v. West Feliciana Sheriff's Department
green
2 sentences2013Although “the law is clearly ^established that jailers must take measures to prevent inmate suicides once they know of the suicide risk, we cannot say that the law is established with any clarity as to what those measures must be.” Jacobs, 228 F.3d at 394-95 (Quoting Hare v. City of Corinth, 135 F.3d 320 , 328-29 (5th Cir.1998) quoting Rellergert v. Cape Girardeau County, Mo., 924 F.2d 794, 797 (8th Cir.1991)). 2013In the context of protecting a pretrial detainee from self-inflicted harm, defendants will only be liable under Section 1983 if they “had subjective knowledge of a substantial risk of serious harm to a pretrial detainee but responded with deliberate indifference.” Jacobs v. West Feliciana Sheriff's Dep’t, 228 F.3d 388 , 394 (5 th Cir.2000). | 1 | 2013–2013 |
Mitchell v. Forsyth
green
1 sentence2001Champagne v. Jefferson Parish Sheriff’s Office, 188 F.3d 312 (5th Cir.1999). | 1 | 2001–2001 |
Angela Kaye Guidry v. Glen Broussard
green
1 sentence1997Finally, in its written reasons for judgment, the trial court cites Guidry v. Broussard, 897 F.2d 181 (5th Cir.1990) for the proposition that “[ljocal government entities are only liable under § 1983 for acts of local officials pursuant to official government policy.” In Guidry , a. local school principal censored a valedictory speech to be given by a student. | 1 | 1997–1997 |
White v. Monsanto Co.
green
1 sentence1997Intentional Infliction of Emotional Distress The elements for a claim of intentional infliction of emotional distress were set forth in White v. Monsanto Co., 585 So.2d 1205 (La.1991). | 1 | 1997–1997 |
Baker v. McCollan
green
2 sentences1996Moreover, the term "color of state law" is synonymous with "state action." Further, with respect to the liability of a particular defendant, the Supreme Court stated that "a public official is liable under § 1983 only `if he causes the plaintiff to be subjected to deprivation of his constitutional rights'." Baker v. McCollan, 443 U.S. at 142 , 99 S.Ct. at 2693 . 1996Moreover, the term "color of state law" is synonymous with "state action." Further, with respect to the liability of a particular defendant, the Supreme Court stated that "a public official is liable under § 1983 only `if he causes the plaintiff to be subjected to deprivation of his constitutional rights'." Baker v. McCollan, 443 U.S. at 142 , 99 S.Ct. at 2693 . | 1 | 1996–1996 |
John Languirand, Cross-Appellant v. John Hayden, an Individual, City of Pass Christian, Etc., Cross-Appellee
green
1 sentence1992Languirand v. Hayden, id. | 1 | 1992–1992 |
Henry J. Bennett, Jr. v. City of Slidell, Gerry Hinton, B.E. McDaniel Nunzio Giordano, and Patrick J. Berrigan
green
1 sentence1987Bennett v. City of Slidell, supra. The allegations in plaintiff's petition do not state that his arrest was a result of official policy or custom, but rather, was the result of the decisions of individual employees of the City. | 1 | 1987–1987 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.