Clofer v. Frenkel

Case: 25-30401 Document: 82-1 Page: 1 Date Filed: 06/30/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit _____________ FILED June 30, 2026 No. 25-30401 Lyle W. Cayce consolidated with Clerk No. 25-30572 Summary Calendar _____________ Tyrone Clofer, Plaintiff—Appellant, versus Jacob Frenkel, Assistant District Attorney; Eric Dubelier, Assistant District Attorney; Joseph Iuzzolino, Assistant, Defendants-Appellees. ______________________________ Appeals from the United States District Court for the Eastern District of Louisiana USDC No. 2:23-CV-6268 ______________________________ Before Jones, Duncan, and Douglas, Circuit Judges.

Per Curiam: * Tyrone Clofer appeals the district court’s dismissal of his 42 U.S.C. § 1983 action. According to Clofer, the defendants acted beyond the scope of their duties as prosecutors when they, inter alia, suborned perjured Case: 25-30401 Document: 82-1 Page: 2 Date Filed: 06/30/2026

No. 25-30401 c/w No. 25-30572 testimony, which they then presented to the grand jury to obtain an indictment. However, Clofer fails to show error in the district court’s conclusion that absolute immunity bars his civil rights claims, and thus his complaint fails to state a claim upon which relief may be granted against the former prosecutors. See Hernandez v. W. Tex. Treasures Est. Sales, L.L.C., 79 F.4th 464, 469 (5th Cir. 2023); Rykers v. Alford, 832 F.2d 895, 897 (5th Cir. 1987). He has abandoned all other claims presented in the district court. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

The judgment of the district court is AFFIRMED. Clofer’s motion for appointment of counsel is DENIED.