Thomas, J., dissenting
Reed moved for rehearing, arguing that the CCA had misapplied the Chapter 64 elements and asserting, in broad terms, that those errors violated his due process rights. See App. to Pet. for Cert. in Reed v. Texas, O. T. 2017, No. 17–1093, pp. 263a–272a. The CCA denied rehearing by summary order in October 2017.
Reed then timely petitioned this Court for a writ of certiorari to review the CCA’s judgment. His petition contended that the CCA’s judgment “violate[d his] due process rights” because it was based on “arbitrary and fundamentally unfair interpretation[s]” of Chapter 64’s chain-of-custody and unreasonable-delay elements. Pet. for Cert. in No. 17–1093, pp. i–ii. We denied certiorari. See Reed v. Texas, 585 U. S. ___ (2018).
C
In August 2019, Reed sued the district attorney under Rev. Stat. §1979, 42 U. S. C. §1983 in the U. S. District Court for the Western District of Texas. As relevant here, Reed’s complaint alleges that he successfully “proved each of the statutory requirements of [Chapter] 64” in the state-court proceedings, App. 31, ¶52, but that “the CCA’s adoption of non-statutory criteria to preclude … Reed from testing key trial evidence to prove his innocence violate[d] fundamental notions of fairness and denie[d] him due process of law,” id., at 14, ¶2. Reed proceeds to allege “several ways” in which “[t]he CCA’s interpretation and application of [Chapter] 64 violate[d] fundamental fairness,” id., at 41, ¶79, with particular focus on the CCA’s allegedly arbitrary constructions of the chain-of-custody, unreasonable-delay, and exculpatory-results elements, see id., at 41–42, ¶¶79–81; 43–45, ¶¶84–87. For relief, “Reed seeks a declaration that [Chapter] 64, as interpreted, construed and applied by the Texas courts to deny his motion for DNA testing, violates his rights under” the Constitution. Id., at 14, ¶3; see also id., at 49 (prayer for relief).
