No. 22-24

Vincent Gabriel v. El Paso Combined Courts, et al.

Lower Court: Tenth Circuit
Docketed: 2022-07-08
Status: Denied
Type: Paid
Response Waived
Tags: amendment civil-procedure civil-rights constitutional-rights dismissal due-process judicial-immunity motion-to-dismiss prejudice prosecutorial-immunity standing
Key Terms:
DueProcess
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Is it appropriate for a trial court to dismiss a complaint with prejudice prior to allowing an individual at least one opportunity to amend the complaint in order to attempt to defeat a motion to dismiss?

Question Presented (OCR Extract)

No question identified. : TD . The Constitution provides in the Fifth Amendment that as to the federal government no one shall be "deprived of life, liberty or property without due process of law" and then the Fourteenth Amendment, ratified uses the same eleven words to describe a legal obligation of all the states in our Republic. The following questions are presented before the Supreme Court in this appeal/Writ of Certiorari: 1) Is it appropriate for a trial court to dismiss a complaint with prejudice prior to allowing an individual at least one opportunity to amend the complaint in order to attempt to defeat a motion to dismiss? ; 2) Is it appropriate for a trial court to refuse to provide an indigent pro se | individual with appointed counsel for the purpose of assisting with amending | a complaint in order to defeat a motion to dismiss? 3) Is a Judicial officer and/or his clerk entitled to absolute immunity when one or both of them violate an individual’s due process rights under the _ | Constitution? 4) Is a prosecutor and/or prosecutorial employees entitled to absolute immunity when one or both of them violate an individual’s due process rights under the | Constitution? , 5) Shall a trial court or an appeal court look away when respondents do not address the issues/charges put forward in the case. 6) Is it appropriate for honest citizens to be oppressed by officials who depend on their “immunity” in order to deprive others of justice even by their intentional addition of fabricated crimes placed into court records and unwarranted labels such as “prostitute”? ii

Docket Entries

2022-10-03
Petition DENIED.
2022-08-17
DISTRIBUTED for Conference of 9/28/2022.
2022-07-29
Waiver of right of respondents El Paso Combined Courts, et al. to respond filed.
2022-03-08
Petition for a writ of certiorari filed. (Response due August 8, 2022)

Attorneys

El Paso Combined Courts, et al.
Friedrick Charles HainesColorado Dept. of Law, Respondent
Vincent Gabriel
Vincent Gabriel — Petitioner