Supreme Court of the United States · Official docket →
David C. L. Walton v. Ashley Nehls
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 23-1207 · judgment May 2, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
All fifty states, the District of Columbia, and federal law make it a crime for a prison official to engage in sexual conduct with an incarcerated person, deeming consent legally irrelevant. The question presented is: Whether the Eighth Amendment, which is interpreted according to "evolving standards of decency," permits a contrary rule that treats an incarcerated person as capable of giving legally effective consent to sexual conduct with a prison official.
Counsel of record
For petitioner
Kristin Leigh McGough
Winston & Strawn LLP
For respondent
Vincent James Scipior
Coyne, Schultz, Becker and Bauer, S.C.
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 14 2025Petition DENIED.
- Sep 17 2025DISTRIBUTED for Conference of 10/10/2025.
- Sep 16 2025Reply of petitioner David C. L. Walton filed. (Distributed)
- Sep 02 2025Brief of respondent Ashley Nehls in opposition filed.
- Jul 31 2025Petition for a writ of certiorari filed. (Response due September 3, 2025)