No. 24-5877

Holston Banks, III v. John H. Spence

Lower Court: Fifth Circuit
Docketed: 2024-10-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights district-court eighth-amendment judicial-error legal-framing pleading-rules
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Did the district court commit judicial error by dismissing a complaint based on legal framing when the factual allegations supported an Eighth Amendment claim?

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW 1. Did The United States District Court Northern District Judge James Wesley Hendrix Cause A Judicial Error By Acknowledging Banks Alleged Enough Facts To State An Eighth Amendment Claim Based on Factual Allegations, But Then Concluded That Because The Complaint Framed The Fourteenth Amendment Claim Instead Of The Eighth Amendment, The Complaint Was Deficient When Federal Pleading Rules Do Not Require Formally Correct Legal Framing Of Claims, When [I] Was To Only Inform [Spence] Of The Factual Basis For [My] Complaint And Nothing Else?

Docket Entries

2025-01-13
Petition DENIED.
2024-12-12
DISTRIBUTED for Conference of 1/10/2025.
2024-12-03
Waiver of right of respondent John H. Spence to respond filed.
2024-10-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2024)

Attorneys

Holston Banks
Holston Banks III — Petitioner
Holston Banks III — Petitioner
John H. Spence
Carmen Jo Rejda-PonceGermer, Respondent
Carmen Jo Rejda-PonceGermer, Respondent