Gutierrez v. Saenz et al.
No. 23-7809 · Decided June 26, 2025 · reversed and remanded
Does a state prisoner have Article III standing to bring a 42 U.S.C. § 1983 claim challenging the constitutionality of state postconviction DNA testing procedures under the Due Process Clause? A state prisoner has Article III standing to bring a 42 U.S.C. § 1983 claim challenging the constitutionality of state postconviction DNA testing procedures, and such a claim is redressable via a declaratory judgment that eliminates an unlawful justification for denying testing.
Vote & lineup6–3 on the judgment. Sotomayor delivered the opinion of the Court, joined by Roberts, Kagan, Kavanaugh, Jackson, Barrett (6). Dissent(s): Thomas; Alito (joined by Thomas, Gorsuch). Concurrence(s): Barrett.
The question
Does a state prisoner have Article III standing to bring a 42 U.S.C. § 1983 claim challenging the constitutionality of state postconviction DNA testing procedures under the Due Process Clause? Specifically, is such a claim redressable via a declaratory judgment if the state prosecutor may still deny testing on other grounds? Additionally, does a defendant's mid-appeal assertion that they will not change their substantive decision moot a procedural due process challenge?
Petitioner's argument
- Texas's Article 64, as interpreted by state courts, creates an insurmountable barrier to DNA testing by requiring a showing of actual innocence of the underlying crime.
- It is fundamentally unfair and violates the Due Process Clause to allow prisoners to file habeas petitions challenging a death sentence while preventing them from obtaining the DNA testing necessary to support those petitions.
- A declaratory judgment would redress his injury by removing the unlawful justification used by the respondent to deny access to evidence.
- The suit is not moot simply because the respondent claims he will refuse testing regardless of the court's ruling.
Respondent's argument
- Petitioner lacks standing because a declaratory judgment would be unlikely to cause the prosecutor to "reverse course and allow testing."
- Redressability is absent because there are multiple independent state-law grounds, beyond the one challenged, that justify denying the DNA testing.
- The case is moot because the respondent refused the DNA testing request even after the District Court issued its declaratory judgment.
The decision
- Petitioner has standing to challenge Texas's postconviction DNA testing procedures under the Due Process Clause of the Fourteenth Amendment.
- Under *District Attorney's Office for Third Judicial Dist. v. Osborne*, convicted individuals have a "liberty interest in demonstrating [their] innocence with new evidence under state law."
- Following *Skinner v. Switzer*, a prisoner may use 42 U.S.C. § 1983 to allege that state procedures unconstitutionally prevent them from obtaining such testing.
- Applying the test from *Reed v. Goertz*, a federal court order declaring that postconviction DNA testing procedures violate due process redresses injury by "eliminat[ing]" the prosecutor's reliance on those procedures as a justification for denial.
- The Court rejects the Fifth Circuit's approach of guessing whether a favorable decision will ultimately result in the evidence being turned over, noting that removing an unconstitutional barrier is sufficient for redressability.
- Citing *Federal Election Comm'n v. Akins* and *Lujan v. Defenders of Wildlife*, the Court notes that standing exists to challenge an improper legal ground even if the official might later reach the same result for a different reason.
- The claim is not moot; a defendant cannot "manufacture mootness" by promising that the substantive outcome will remain the same regardless of the procedures required.
Separate opinions
Barrett, concurring
- Argues that the majority "muddies the waters of standing doctrine" by applying a relaxed redressability inquiry from administrative law cases (*Federal Election Comm'n v. Akins* and *Lujan v. Defenders of Wildlife*) to this unique context.
Thomas, dissenting
- Argues the Court should not have granted certiorari because the Due Process Clause does not require states to provide postconviction relief procedures.
- Contends that *District Attorney's Office for Third Judicial Dist. v. Osborne* is based on a policy-driven rejection of the original meaning of "liberty," which referred only to freedom from physical restraint.
Alito, dissenting (joined by Thomas, Gorsuch)
- Argues petitioner lacks standing because his injury is not redressable under *Lujan v. Defenders of Wildlife* and *Reed v. Goertz*.
- Distinguishes *Reed* by noting that in this case, the Texas Court of Criminal Appeals already determined that favorable DNA results would not establish innocence or death penalty ineligibility due to the "law of parties" (Tex. Penal Code Ann. § 7.01(a)).