No. 25-6836

In Re Rodolfo Vela Sr., et al.

Lower Court: N/A
Docketed: 2026-02-17
Status: Pending
Type: IFP
IFP
Tags: americans-with-disabilities-act equitable-tolling fraudulent-concealment mandamus section-1983-civil-rights statute-of-limitations
Latest Conference: 2026-04-17
Question Presented (from Petition)

1. Did the lower courts abuse their discretion by dismissing Petitioners ' § 1983
claims as time-barred without applying equitable tolling for fraudulent concealment
discovered February 15, 2022?

2. Does the discovery rule or estoppel toll the two-year Texas § 1983 statute when
state actors suppressed evidence for 22 years (Blackfish report, App. K),
compounded by ongoing ADA violations denying access to courts (42 U.S.C. §
12132)?

3. Did the courts err by relying on a 2003 unrelated state case to determine accrual,
ignoring pro se disability barriers that prevented timely filing s?

4. Should mandamus issue to vacate dismissal and permit amendment given pro se
status, ADA disability barriers (e.g., no ASL accommodations), and new evidence?

Question Presented (AI Summary)

Whether the lower courts abused their discretion by dismissing petitioners' § 1983 claims as time-barred without applying equitable tolling for fraudulent concealment and whether mandamus should issue to vacate dismissal given pro se status and ADA disability barriers

Docket Entries

2026-04-02
DISTRIBUTED for Conference of 4/17/2026.
2025-03-25
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due March 19, 2026)

Attorneys

Rodolfo Vela Sr., et al.
Rodolfo Vela Sr. — Petitioner