Whether fourth amendment and fourteenth amendment claims were dismissed wrongly at Rule 12(b)(6) motion stage

QUESTIONS PRESENTED | After warrantless arrest by officers, petitioner filed 42 U.S.C section 1983 } fourth amendment and fourteenth amendment claims, false imprisonment and malicious prosecution claims under texas common law. Questions presented are: 1. Whether fourth amendment and fourteenth amendment claims were dismissed wrongly at Rule 12(b)(6) motion stage. | 2. Whether fifth circuit erred in not reviewing motion for new trial appeal and | district court erred in denying motion for new trial. | 3. Whether confidentiality order shall be enforced and medical records shall be protected from disclosure. 4. Whether district judge erred in appeal certification and shall recuse. | . | | . . . : | |