Supreme Court Report

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John Henry Clemons, III v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al.

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-20032 · judgment February 24, 2025


Certiorari denied · February 23, 2026

Questions presented

  1. When considering the suppression of a prisoner's First Amendment right to freedom of expression and association by a prison policy, is it possible to guage if the policy is too broad sweeping without determining what the policy covers?

  2. Did the United States Court of Appeals for the Fifth Circuit determine what new material was covered by the broadened definition of sexually explicit image in the newly revised prison policy as its colleagues did in the Ninth Circuit Court of Appeals with a materially and factually indistinguishable prison policy?

  3. If a prisoner possesses personal property, whether by right or privilege, does he enjoy a protected interest in that property that cannot be infringed^ on without due process under the Due Process Clause of the Fourteenth Amendment?

  4. If prison administrators implement a new policy that retroactively makes legally possessed property contraband, does the prisoner retain ownership of the property if it is ultimately confiscated by prison officials?

  5. If a prisoner's protected interest in legally possessed property translates to ownership, and cannot be infringed upon without due process, should there be additional safeguards in regards to the disposition of the property if it is confiscated pursuant to prison policy?

  6. If a supervisory official may be held liable under §1983 for his personal involvement■in a constitutional deprivation, is his role as a top official that created and/or implemented prison policy which unconstitutional practices occurred enough to establish a sufficient causal connection?

Counsel of record

For petitioner
John Clemons

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 29 2026
    Rehearing DENIED.
  2. Jun 09 2026
    DISTRIBUTED for Conference of 6/25/2026.
  3. Mar 20 2026
    Petition for Rehearing filed.
  4. Feb 23 2026
    Petition DENIED.
  5. Jan 15 2026
    DISTRIBUTED for Conference of 2/20/2026.
  6. Sep 16 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2026)