Skinner v. Lynn Switzer
In brief
Skinner may pursue his DNA-evidence claim in federal court under §1983, but whether he gets the evidence or testing remains undecided.
- Where it stands
- Decided
Decided 6-3 · March 7, 2011 · Opinion by Justice Ginsburg
- What it’s about
- Henry Skinner, a Texas prisoner sentenced to death, sued District Attorney Lynn Switzer under a federal civil-rights law (§1983) to seek crime-scene evidence for DNA testing.
- Who it affects
- Skinner can pursue his federal claim, but the Court did not give him the evidence or order DNA testing.
Summary: written with AI from the case record.

What it's about
The Supreme Court ruled that federal courts could hear his complaint and that he could bring this claim under §1983, overturning the Fifth Circuit and sending the case back for further proceedings.
Skinner, a Texas prisoner sentenced to death, sought crime-scene biological evidence from District Attorney Lynn Switzer for DNA testing.
The dispute concerned what route a prisoner could use to challenge a state’s process for seeking biological evidence after conviction.
Question presented
Can a convicted prisoner seeking access to biological evidence for DNA testing assert that claim in a civil rights action under 42 U.S.C. § 1983?
What the Court decided
Holding
There is federal-court subject-matter jurisdiction over Skinner’s complaint, and the claim he presses is cognizable under §1983. 302, reversed and remanded.
- Result
- Reversed
The vote
From the opinions
“I disagree.”
What's next
The case returns to the Fifth Circuit for further proceedings. Whether Skinner will receive the evidence or get DNA testing remains unresolved.
Each side's argument
- Henry Skinner
- Skinner argued he could use §1983, a federal civil-rights law, to seek crime-scene evidence for DNA testing.
- Lynn Switzer
- Switzer argued Skinner had to use the process for challenging his imprisonment, and that a §1983 lawsuit would get around limits on federal review of state post-conviction decisions.
Documents
Opinions
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Docket activity
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Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.