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Danielle Sposito v. Linda Rollins-Threats
IFP petition · Court of Appeals of Texas, Fifth District, No. 05-23-00597-CV · judgment July 10, 2024
Question presented
Whether a parent facilitator was entitled to judicial immunity when the actions she took in a child custody case were done maliciously involving her false irrelevant testimony, acted in excess of her authority and her dangerous actions ultimately placed the children back into the abusive situation proved by information filed by the children’s mother in a recent divorce decree. Whether a parent facilitator is entitled to attorney fees claiming judicial immunity The case of Pulliam v. Allen established that judicial immunity doesn't bar attorney fees under 42 U.S;C. § 1988 in cases where prospective injunctive relief is granted against a judicial officer. However, Congress later amended the statute to preclude such awards unless the judicial officer acted clearly in excess of their jurisdiction. This suggests that there is not an automatic right to attorney fees simply because one claims immunity from suit.
Counsel of record
For petitioner
Danielle Sposito
For respondent
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Proceedings
- Oct 06 2025Petition DENIED.
- Aug 21 2025DISTRIBUTED for Conference of 9/29/2025.
- Apr 14 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2025)
- Feb 21 2025Application (24A811) granted by Justice Alito extending the time to file until April 14, 2025.
- Feb 13 2025Application (24A811) to extend the time to file a petition for a writ of certiorari from February 13, 2025 to April 14, 2025, submitted to Justice Alito.