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
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 14, 2025 · Certiorari denied
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)