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 (from Petition)

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 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 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"?

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?

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