Doe v. Dynamic Physical Therapy, LLC · ¶1

Louisiana immunizes healthcare providers from civil liability during public health emergencies. La. Rev. Stat. Ann. § 29:771(B)(2)(c)(i) (West 2022). Below, the Louisiana Court of Appeal held that this state statute barred plaintiff 's federal claims. 2024–0723, pp. 11–12 (1 Cir. 12/27/24), 404 So. 3d 1008, 1017–1018, writ denied, 2025–00105 (La. 4/29/25), 407 So. 3d 623. That decision is incorrect. Defning the scope of liability under state law is the State's prerogative. But a State has no power to confer immunity from federal causes of action. See, e. g., Howlett v. Rose, 496 U. S. 356, 383 (1990); Haywood v. Drown, 556 U. S. 729, 740 (2009); Williams v. Reed, 604 U. S. 168, 174 (2025). “[T]he Judges in every State” are bound to follow federal law, “any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.” U. S. Const., Art. VI, cl. 2.

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