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Jones v. King — 5th Cir. (Oct 6, 2026)

No. 25-51009 Argued October 6, 2026 Published October 7, 2026

We hear Jones against King in the Fifth Circuit. The case began when three registered voters in Loving County, Texas, reported for jury qualification in 2022. According to their complaint, Justice of the Peace Amber King declared them nonresidents, held them in contempt for what she called obstruction and disrespect of the court, and ordered them jailed; they were handcuffed and detained for about five hours. The voters allege that King, the sheriff and the constable used the proceeding to retaliate against political opponents. Those are allegations, not findings that the officials committed such a plot. The discussion also refers to Senate Bill eleven eleven, a 2021 Texas voter-residence measure. Its enacted text barred establishing residence anywhere the person had never lived. The voters sued under Section nineteen eighty-three, a federal law allowing claims against state and local officials for violations of federal rights. But judicial immunity generally protects judges from civil damages suits for their judicial acts, even when bad faith or malice is alleged; nonjudicial acts are different. In an earlier appeal, the Fifth Circuit held that jury qualification was a protected judicial function, but it could not yet review the dismissal of the contempt claims. After a final judgment, the voters returned to the court to challenge that dismissal and the protection claimed by the officers. The debate now includes whether alleged advance planning was separate, nonjudicial conduct, and whether the officers merely carried out court orders or joined an unlawful scheme. Jason Davis will seek to revive the voters' damages claims. Daniela Peinado Welsh, of Graves Dougherty Hearon and Moody, will defend the officials' immunity.

Jones v. King (No. 25-51009) — U.S. Court of Appeals for the Fifth Circuit, argued October 6, 2026.

Sources
Argument audio — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/OralArgRecordings/25/25-51009_10-06-2026.mp3
Case, counsel and argument date — Fifth Circuit recording list:https://www.ca5.uscourts.gov/oral-argument-recordings/results?from=2026-08-01&to=2026-10-07
Alleged underlying events and earlier immunity appeal — Fifth Circuit opinion, August 1, 2025 (23-50850):https://www.ca5.uscourts.gov/opinions/pub/23/23-50850-CV0.pdf
Officials' position, case history and counsel — filed brief in opposition in related Supreme Court proceeding 25-658:https://www.supremecourt.gov/DocketPDF/25/25-658/395032/20260129170425377_260122a%20BIO%20for%20efiling.pdf
Judicial immunity — Mireles v. Waco, 502 U.S. 9 (1991):https://www.govinfo.gov/content/pkg/USREPORTS-502/pdf/USREPORTS-502-9.pdf
Counsel affiliation — Daniela Peinado Welsh's firm profile:https://www.gdhm.com/attorneys/daniela-peinado-welsh/
Voter-residence measure mentioned in argument — Texas Senate Bill 1111, 2021 enrolled text:https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB01111F.pdf
Independent explanation of Senate Bill 1111 — House Research Organization bill digest, May 23, 2021:https://hro.house.texas.gov/pdf/ba87r/sb1111.pdf
Voters' account of the contempt proceeding — petition in related Supreme Court proceeding 25-658, printed pages 8–10:https://www.supremecourt.gov/DocketPDF/25/25-658/386462/20251204160111263_25-%20Petition.pdf

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