No. 25-7169

Gabryelle Daniels v. Texas Department of Family and Protective Services, et al.

Lower Court: Fifth Circuit
Docketed: 2026-04-09
Status: Pending
Type: IFP
IFP
Tags: civil-rights-action due-process in-forma-pauperis pro-se-litigation qualified-immunity sovereign-immunity
Latest Conference: N/A
Question Presented (from Petition)

1. Whether a federal court violates the First and Fourteenth Amendments by dismissing a pro se, in forma pauperis civil-rights action at the 28 U.S.C. § 1915(e)(2) screening stage without granting leave to amend, where the dismissal effectively operates with prejudice because refiling would be time-barred.

2. Whether sovereign and qualified immunity doctrines may be applied at the § 1915(e)(2) screening stage in a manner that forecloses any merits review of constitutional claims arising from child-removal proceedings.

3. Whether due process requires at least one meaningful opportunity to amend before terminating a pro se civil-rights action where pleading deficiencies are potentially curable and dismissal will permanently bar the claims.

Question Presented (AI Summary)

Whether federal courts violate the First and Fourteenth Amendments by dismissing pro se, in forma pauperis civil-rights actions at the 28 U.S.C. § 1915(e)(2) screening stage without granting leave to amend, where dismissal operates with prejudice due to statute-of-limitations bar, and whether sovereign and qualified immunity doctrines may be applied at screening to foreclose merits review of constitutional claims arising from child-removal proceedings

Docket Entries

2026-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 11, 2026)

Attorneys

Gabryelle Daniels
Gabryelle Daniels — Petitioner