Supreme Court Sends Griffith Jail Case Back for Review

The U.S. Supreme Court vacated a Tenth Circuit ruling in Roybal v. Griffith and sent the case back for reconsideration under two later decisions on sex-based classifications. The November 9 order does not decide the merits of Darlene Griffith’s lawsuit, leaving the appeals court to reassess whether her claims may proceed.

Griffith sued over her treatment as a pretrial detainee at the El Paso County Jail in Colorado in 2020. She alleged that officials placed her in a men’s unit despite her request for women’s housing and subjected her to treatment that violated the Constitution’s Equal Protection Clause. Her lawsuit also challenged searches by male officers and the denial of women’s commissary items.

The Tenth Circuit revived key equal-protection claims in 2025, concluding that Griffith had plausibly alleged unequal treatment. The Supreme Court’s order grants the jail officials’ petition, vacates that appellate judgment and remands the case for further consideration in light of West Virginia v. B.P.J. and United States v. Skrmetti.

The Justice Department supported returning the case to the appeals court for review under those precedents. The Supreme Court did not issue a full...