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Title VI of the Civil Rights Act of 1964

  • Flores v. United States Department of Justice (D.C. Cir.) - Respondent
    • Flores's petition for review should be dismissed for lack of subject matter jurisdiction because he does not have the right to judicial review under either Title VI or the Administrative Procedure Act
    • Petitioner's motion for a preliminary injunction is frivolous on its face

     
    Document Date 
    Motion to Dismiss 10/14/14
    Response to Motion for a Preliminary Injunction 10/06/14
  • Zeno v. Pine Plains Central School District (2d Cir.) - Amicus
    • A school district can be found deliberately indifferent to known acts of student-on-student racial harassment under Title VI where it knows that individual disciplinary measures have not prevented persistent racial harassment, and yet fails to implement additional remedial action targeted to ending the harassment

     
    Document Date 
    Court of Appeals Decision, 702 F.3d 655 12/03/12
    Brief as Amicus [PDF] 04/21/11
  • Williams v. Port Huron Area School District (6th Cir.) - Amicus
    • The standard for Title VI racial harassment claims is the deliberate indifference standard employed in Title IX cases
    • The evidence is sufficient for a reasonable factfinder to find that the school district was deliberately indifferent to the harassment from 2003-2006

     
    Document Date 
    Court of Appeals Decision, 455 F. App'x 612 01/09/12
    Brief as Amicus [PDF] 03/09/11
  • ProEnglish, et al. v. George W. Bush, et al. (4th Cir.) -- Appellee
    • The district court applied the correct legal standard when dismissing the case for lack of subjct matter jurisdiction
    • The plaintiffs' claims challenging Executive Order 13,166 and agency policy guidance documents that clarify longstanding interpretation of Title VII and implementing regulations are ripe for judicial review

     
    Document Date 
    Brief as Appellee [PDF] 11/25/02
    Court of Appeals Decision [PDF], unpublished 05/15/03
  • Peters v. Jenney (4th Cir.) -- Amicus
    • Private right of action exists to enforce anti-retaliation prohibition of Title VI of the Civil Rights Act of 1964

     
    Document Date 
    Brief as Amicus [PDF] 02/27/02
    Court of Appeals decision [PDF], reported at 327 F.3d 307 04/28/03
  • Robinson v. Kansas (10th Cir.) -- Intervenor
    • Title VI of the Civil Rights Act of 1964 is valid exercise of the Spending Clause and the Fourteenth Amendment
    • Section 504 of the Rehabilitation Act is valid exercise of the Spending Clause and the Fourteenth Amendment
    • No Eleventh Amendment immunity to Title VI and Section 504 actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 02/05/01
    Court of Appeals decision [HTML], reported at 295 F.3d 1183 07/09/02
  • Cuffley and Knights of the Ku Klux Klan v. Mickes (8th Cir.) -- Amicus
    • State would violate Title VI if it grants the Klan's application to participate in the Adopt-A-Highway program
    • District court erred in concluding that an Adopt-A-Highway program regulates expressive activity, and in applying a "forum" analysis applicable to speech restrictions

     
    Document Date 
    Brief as Amicus [HTML] 08/19/99
    Court of Appeals decision [PDF], reported at 208 F.3d 702 03/31/00
    Brief Supporting Petition for Certiorari [HTML]  [PDF] 01/19/01
    Petition for Certiorari denied, reported at 532 U.S. 903 03/05/01
  • Powell v. Ridge (3d Cir.) -- Amicus
    • Private right of action to enforce Title VI discriminatory effects standard
    • Application of Title VI discriminatory effects standard to state formula for funding education

     
    Document Date 
    Brief as Amicus [HTML]  [PDF] 02/16/99
    Court of Appeals decision [HTML], reported at 189 F.3d 387 08/25/99
    Petition for Certiorari denied, reported at 528 U.S. 1046 12/06/99
  • Sandoval v. Hagan (11th Cir.) -- Intervenor/Amicus
    • Title VI is valid exercise of the Spending Clause and the Fourteenth Amendment
    • No Eleventh Amendment immunity to Title VI actions
    • May enforce Title VI against state officials in their official capacities (Ex parte Young)
    • Private right of action to enforce Title VI discriminatory effects standard
    • English-only laws' discriminatory effect on the basis of national origin

     
    Document Date 
    Brief as Intervenor/Amicus [HTML] [PDF] 01/11/99
    Court of Appeals decision [HTML], reported at 197 F.3d 484 11/30/99
    Certiorari granted, reported at 530 U.S. 1305 09/26/00
    Supreme Court Brief [HTML] 12/13/00
    Supreme Court decision [HTML], reported at 532 U.S. 275  04/24/01


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Diana K. Flynn
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Amicus curiae suggestions may be submitted to crt.amicus@usdoj.gov. Submissions should include case name, docket number, circuit/district court name, a brief description of the case and issue, and the current status if known.

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