Wen Lian Patience v. Shannon Jackson, et al.
AdministrativeLaw SocialSecurity DueProcess Punishment
Did the Fifth Circuit and district court exhibit negligence, violate their discretion, and permit judicial misconduct?
QUESTION PRESENTED Rule 14.1 (a) 1. Did the Fifth Circuit and district court exhibited . _ negligence, violated their discretion, and permit judicial : misconduct? 2. Whether the trial court and Fifth Circuit judges mishandle evidence, neglecting rules, and maintain proper control over the proceedings? . appeal and deny the motion to reinstate appeal while adhering. Appellate Review Standards by the Fifth ; Circuit in § 1983 Claims? . 4..Was there a Failure to Consider Pleading and Legal Requirements, coupled with an abuse of Discretion : , and Judicial Misconduct in Favor of the Appellees (DAs) involved in committing a crime with perjury in District Trial Court and Fifth Circuit Court? 5. Whether the district court erred in shielding defendants’((DAs) misconduct, included committing a . crime and perjury, and admitting their statements into evidence without establishing their voluntariness and oe compliance with petitioner’s criminal cases? ‘ 6. Whether the district court abused its discretion in applying Federal Rule 12(b)(6) standards? 7. Did the Fifth Circuit apply a de novo standard of review, including Rule 12(b)(6), 28 U.S.C.A. §1291 and 5th Cir. R. 42.3.1.2 when they dismissed petitioner’s appeal on August 15, 2023 and denied the’ Motion to Reinstate Appeal on October 24, 2023? 8. Does an abuse of discretion occur when the Fifth Circuit and district court’s decision are arbitrary based on a clear error of law or fact? | 9. Did the district court err in applying Eleventh ; ; Amendment im-munity to shield and _ protect Montgomery County District Attorney’s staff from , liability for the alleged constitutional violations? 10. Can challenges be made against Respondents (DAs) who acted under the color of state law, abused their authority, and engaged in misconduct during official duties? 11.Did Respondents violate petitioner’s constitutional rights by filing false complaints, fabricating evidence ii } oa and ordering of deferred adjudication of criminal charges without probable casus? 12. Did Respondents violate petitioner’s constitutional rights by filing false complains and ordering deferred adjudication without probable cause? 13. Is Montgomery County District Attorney’s department liable for employees’ negligence acting with their scope of employment? ; 14. Did (DAs), Shannon Jackson, Romero Lee and Carmen Morales commit a crime, including perjury, through malicious prosecution, false complaints, and evidence fabrication? 15. Do Respondents, have absolute immunity for misconduct, including committing a crime as perjury? 16. Did Respondents violate the petitioner's Fourteenth Amendment rights? 17. Did Respondents’ actions occur outside the scope of their official duties? 18. Did the Respondents engage in misconduct beyond . : their official responsibilities? Should Eleventh Amendment immunity apply? iti 19. Should Eleventh Amendment immunity shield state officials when their conduct infringes on constitutional right? 20. Did Montgomery County District Attorneys were act within their official duties, and cause a deprivation of the petitioner’s constitutional rights? 21. Did the district court cite Eleventh Amendment immunity to shield the Department of Montgomery County District Attorney’s staffs (DAs) from federal court suits? ; : 22. Did the district court abuse its discretion under Federal Rule 12(b)(6) standards? 23. Did the district court properly grant Responds (DAs) motion to dismiss given the legal and factual circumstances? 24. Did the district court violate the due process by . granting the defendants’ Final Judgment? 25. Did the district court err in excluding crucial evidence during the trial? 26. Did the district court demand excessive specificity and evidentiary support at the motion to dismiss stage? iv ‘ 27. Did the district court disregard inferences favorable to the Plaintiff? 28. Did the district court prematurely consider defenses and mer-its? 29. The Fifth Circuit Clerk dismiss the appeal and den