Title VI of the Civil Rights Act of 1964

• 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
  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

• Colwell v. United States Dep't of Health & Human Svcs. (9th Cir.) -- Appellee
  • Plaintiffs lack standing to maintain this action
  • Plaintiffs' claims are not ripe for review
  
   

  Document	Date
  Court of Appeals Decision, reported at 558 F. 3d 1112	03/18/09
  Supplemental Brief for Federal Defendants as Appellees [PDF]	02/23/07
  Brief for Federal Defendants as Appellees [PDF]	08/22/05

• Ayers v. Musgrove (5th Cir.) -- Appellee
  • The district court did not abuse its discretion when it approved the settlement agreement
  • The district court did not abuse its discretion when it denied the motion to opt out of the class
  
   

  Document	Date
  Brief as Appellee [PDF]	05/12/03
  Court of Appeals Decision [PDF], reported at 358 F.3d 356	01/27/04
  Opposition to Petition for Writ of Certiorari [PDF]	09/15/04

• 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  Court of Appeals Decision [PDF], unpublished	05/15/03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

• Cureton v. NCAA (3d Cir.) -- Amicus
  • Coverage of NCAA by Title VI
  • Broad definition of "program" in Civil Rights Restoration Act applies to Title VI discriminatory effects regulations
  
   

  Document	Date
  Brief as Amicus [HTML]  [PDF]	06/16/99
  Court of Appeals decision [HTML], reported at  198 F.3d 107	12/22/99
  Brief Supporting Petition for Rehearing En Banc [HTML]	01/18/00
  Petition for Rehearing En Banc denied	02/09/00

• 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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