Supreme Court of the United States · Official docket →
Joseph J. Roybal, Sheriff, El Paso County, Colorado, et al. v. Darlene Griffith
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 23-1135 · judgment February 19, 2025
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
-
Whether a transgender inmate’s challenge to sex-based prison policies is subject to heightened scrutiny under United States v. Virginia, 518 U.S. 515 (1996), as the Eighth, Ninth, and Tenth Circuits hold, or subject to the deferential standard of “reasonable relationship to legitimate penological interests” under Turner v. Safley, 482 U.S. 78 (1987), as the Second, Fourth, and D.C. Circuits hold.
-
Whether a rule prohibiting cross-identifiedgender strip searches in prisons is contrary to the flexible and deferential rule adopted in Bell v. Wolfish, 441 U.S. 520 (1979), and reaffirmed in Florence v. Board of Chosen Freeholders of County of Burlington, 566 U.S. 318 (2012).
Counsel of record
For petitioner
Julian Richard Ellis Jr.
First & Fourteenth PLLC
For respondent
Devi Maheswari Rao
Roderick & Solange MacArthur Justice Center
Proceedings
- Jun 30 2026The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Jun 29 2026DISTRIBUTED for Conference of 6/29/2026.
- Nov 25 2025DISTRIBUTED for Conference of 12/12/2025.
- Nov 24 2025Reply of petitioners Joseph Roybal, Sheriff, El Paso County, Colorado, et al. filed. (Distributed)
- Nov 10 2025Brief amici curiae of Kansas, et al. filed.
- Nov 10 2025Brief of respondent Darlene Griffith in opposition filed.
- Oct 07 2025Petition for a writ of certiorari filed. (Response due November 10, 2025)
- Jul 31 2025Application (25A127) granted by Justice Gorsuch extending the time to file until October 7, 2025.
- Jul 28 2025Application (25A127) to extend the time to file a petition for a writ of certiorari from September 8, 2025 to November 7, 2025, submitted to Justice Gorsuch.