Perry v. City of Bossier

4 Citing cases

  1. Day v. City of Baton Rouge

    CIVIL ACTION NO. 17-328-EWD (CONSENT) (M.D. La. Nov. 30, 2020)

    Freeman v. Gore, 483 F.3d 404, 417 (5th Cir. 2007). See also Perry v. City of Bossier, No. 17-0583, 2018 WL 5074674, at *11 (W.D. La. Oct. 17, 2018) (citing Freeman, 483 F.3d at 417). Perry, 2018 WL 5074674, at *11 (citing Freeman, 483 F.3d at 417).

  2. Castro v. Salinas

    No. 5:18-cv-00312-JKP-ESC (W.D. Tex. Jun. 19, 2020)   Cited 2 times

    Thus, to the extent Castro "asserts the Fourteenth Amendment for the unremarkable proposition that [constitutional] protections apply to state actors by virtue of the Fourteenth Amendment, the Fourteenth Amendment claims survive summary judgment where the underlying [constitutional] claims do." Perry v. City of Bossier, No. 17-0583, 2018 WL 5074674, at *4 (W.D. La. Oct. 17, 2018) (citing Shaboon v. Duncan, 252 F.3d 722, 733 (5th Cir. 2001)). To the extent that any Fourteenth Amendment claim purports to be a substantive due process claim, it is dismissed.

  3. Perry v. Louisiana

    CIVIL ACTION NO. 19-13002 SECTION "T"(2) (E.D. La. Mar. 30, 2020)   Cited 3 times

    In any case, there is no question that Louisiana law does not support a person's right to resist a lawful investigatory detention. Manuel, 946 So.2d at 248; accord Perry v. City of Bossier, No. 17-0583, 2018 WL 5074674, at *15 & n.4 (W.D. La. Oct. 17, 2018). In Perry's case, the Louisiana courts repeatedly found pretrial and on appeal that the initial stop and detention were lawful because Officer Paz had probable cause to detain and question Perry after witnessing Perry hit the car parked behind him.

  4. Cloud v. Stone

    CIVIL ACTION NO. 18-1070 (W.D. La. Dec. 19, 2018)

    Insofar as Belton contends that he is entitled to qualified immunity, the court observes that although Louisiana applies qualified immunity principles to state constitutional law claims, that immunity does not extend to tort claims. Perry v. City of Bossier, No. 17-0583, 2018 WL 5074674, at *14 (W.D. La. Oct. 17, 2018) (citing Roberts v. City of Shreveport, 397 F.3d 287, 296 (5th Cir.2005)). Here, plaintiffs sued Belton under state law tort principles, and therefore, qualified immunity remains unavailable.