Whether the Fifth Circuit's summary disposition affirming the dismissal of Petitioners claims pursuant to a motion presented to the district court for failure to state a claim under Fed. R. Civ. P. Rule 12(b)(6) was appropriate based upon the Fifth Circuit's long-standing position as the only circuit to not recognize a substantive due process claim under a state created danger theory regarding injunctive relief.

Whether allowing the Petitioners to be deprived of qualified immunity protections when they are forced to work in conditions where it is impossible to comply with rules procedures that are designed for the protection of prisoners housed in the Harris County Jail facilities violates federal law.

Whether employees of a governmental entity are allowed to establish that the refusal of the county commissioners to intentionally refuse to follow their ministerial duty and properly fund and staff the jail facility constitutes a violation of a non-discretionary function.

Whether qualified immunity for individual employees represents an affirmative right the governmental entity can intentionally interfere with by forcing employees to work in conditions where they cannot adequately perform basic duties required under the law.

Whether the lower courts properly dismissed the Petitioner's case for failure to state a viable cause of action