5th Cir.

Tucker v. Schenck

June 12, 2026 ·25-51018 ·Per Curiam · By Aisha Johnson

The United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a Texas prisoner's complaint as frivolous and barred by judicial immunity. The court also denied the appellant's motion for the appointment of counsel.

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Background

Eric Samuel Tucker, a Texas prisoner, appealed the dismissal of his complaint by the United States District Court for the Western District of Texas. The district court dismissed the claims as frivolous, for lack of jurisdiction, and barred by judicial immunity. Tucker also moved for the appointment of counsel.

The court’s reasoning

The court reviewed the record and the appellant’s brief, finding no error in the district court’s determinations regarding judicial immunity. The court cited Boyd versus Biggers to support the affirmation of the dismissal under 28 U.S.C. Section one thousand nine hundred fifteen subsection E. Additionally, the court found no abuse of discretion in denying the motion for appointment of counsel, referencing Thompson versus Texas Department of Criminal Justice.

What it means going forward

The decision reinforces the standard for dismissing prisoner complaints as frivolous and confirms that judicial immunity bars claims against judges in this context. It also establishes that motions for appointed counsel in such appeals are subject to strict discretion and may be denied without error.