Appellate Briefs And Opinions

Education

  • Hill v. Madison County School Board (11th Cir.) – Amicus

    • The district court erred in granting the School Board summary judgment on plaintiff's Title IX claim
    • Plaintiff raised a genuine issue of material fact as to whether school administrators had actual notice of the substantial risk CJC posed to students
    • Plaintiff raised a genuine issue of material fact as to whether school administrators were deliberately indifferent to CJC's history of sexual and violent misconduct

     

    Document Date 
    Court of Appeals Decision, 2015 WL 4747048 08/12/15
    Brief as Amicus 09/17/14
  • Flores v. U.S. Department of Education (4th 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

     

    Document Date 
    Court of Appeals Decision, available at 581 F. App'x 303 08/21/14
    Motion to Dismiss 08/01/14
  • Cowan & U.S. v. Cleveland School District (5th Cir.) – Appellant

    • The court's freedom of choice plan does not meet constitutional requirements
    • The history of school choice under the majority-to-minority transfer program indicates that a freedom of choice plan would not work today
    • Pre-enrollment data for the coming school year indicates that the middle and high schools will remain segregated under the court's plan
    • Consolidation of the schools would be a more effective method of achieving desegreagation

     

    Document Date 
    Court of Appeals Decision, reported at 748 F.3d 233 04/01/14
    Reply Brief 12/09/13
    Brief as Appellant 09/16/13
  • Flores v. Huppenthal (9th Cir.) – Amicus

    • The district court failed to properly apply the second and third prongs of Castaneda v. Pickard, 648 F.2d 989 (5th Cir. 1981), in determining whether the State has complied with the Equal Educational Opportunities Act, 20 U.S.C. 1701 et seq.

     

    Document Date 
    Court of Appeals Decision, available at 2015 WL 3650674 06/15/15
    Brief as Amicus 09/13/13
  • Ollier v. Sweetwater Union High School District (9th Cir.) – Amicus

    • A 6.7% or 47-athlete participation gap between female enrollment and female athletic participation was evidence that the school district had not provided substantially proportionate athletic opportunities
    • The school district had not shown a history and continuing practice of program expansion
    • The school district had not shown full and effective accommodation of female athletic interest and abilities

     

    Document Date 
    Court of Appeals Decision, reported at 768 F.3d 843 09/19/14
    Brief as Amicus 05/22/13
  • Su v. U.S. Department of Education for Civil Rights, Region XV (6th Cir.) – Respondent

    • Su'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

     

    Document Date 
    Dismissed 07/25/13
    Motion to Dismiss 04/08/13
  • Carmichael v. Galbraith (5th Cir.) – Amicus

    • The district court erred in dismissing the complaint, because it adequately alleges a plausible claim of sex discrimination on at least two separate legal theories: same-sex sexual harassment, and gender stereotyping

     

    Document Date 
    Court of Appeals Decision, available at 574 F. App'x 286 06/19/14
    Brief as Amicus 04/01/13
  • Lance v. Kyer (5th Cir.) – Amicus

    • A school district that is deliberately indifferent to student-on-student disability-based harassment is liable for damages
    • The evidence in this case is sufficient for the plaintiffs to survive summary judgment
    • There is sufficient evidence that the harassment Montana suffered was based on his disabilities, that it was sufficiently severe and pervasive to be actionable, and that school officials had sufficient knowledge of this harassment to trigger their obligation to act

     

    Document Date 
    Court of Appeals Decision, reported at 743 F.3d 982 02/28/14
    Brief as Amicus 03/18/13
  • Thomas v. St. Martin Parish School Board (5th Cir.) – Amicus

    • The Decree was not a declaration of unitary status and that it did not dismiss the case because it failed to make a "rather precise statement" that the Board achieved unitary status, and support such a statement with detailed factual findings
    • The court issuing the Decree failed to provide for a hearing to ascertain whether the defendants had complied in good faith with the decree since it was entered, and had eliminated the vestiges of past discrimination to the extent practicable
    • The Decree's retention of jurisdiction and issuance of a permanent injunction are inconsistent with a finding of unitary status and case dismissal

     

    Document Date 
    Court of Appeals Decision, reported at 756 F.3d 380 06/24/14
    Brief as Amicus 03/13/13
  • Long v. Murray County School District (11th Cir.) – Amicus

    • The district court did not adequately consider Eleventh Circuit precedent and persuasive authority, holding that a school district may be deliberately indifferent to harassment when it knows that its remedial measures have been ineffective and fails to take any further action reasonably calculated to eliminate the harassment

     

    Document Date 
    Court of Appeals Decision, available at 522 F. App'x 576 06/18/13
    Brief as Amicus 09/28/12
  • Fisher v. University of Texas (S. Ct.) - Amicus

    • The United States has a compelling interest in the educational benefits of diversity
    • The University of Texas' use of race in freshman admissions to achieve the educational benefits of diversity is constitutional

     

    Document Date 
    Supreme Court Decision, reported at 133 S. Ct. 2411 06/24/13
    Brief as Amicus 08/13/12
  • Argenyi v. Creighton University (8th Cir.) – Amicus

    • The district court erred in holding that to establish a violation under the statutes, Argenyi needed to show that he would be effectively excluded from the medical school without the assistance of the auxiliary aids and services he requested
    • The district court erred in disregarding Argenyi's statements concerning the effectiveness of the auxiliary aids Creighton provided, and deferring to Creighton's decision not to allow Argenyi to use interpreters in clinics as an "academic" decision

     

    Document Date 
    Court of Appeals Decision, reported at 703 F.3d 441 01/15/13
    Brief as Amicus 01/26/12
  • Biediger v. Quinnipiac University (2d Cir.) – Amicus

    • The district court reasonably applied the Department of Education Office for Civil Rights's Title IX regulations in holding that the University's competitive cheerleading squad did not constitute a sport for purposes of Title IX
    • The district court properly applied OCR's 1996 Title IX Clarification to hold that, in the context of Quinnipiac's athletic program, a 38-athlete disparity was sufficient to constitute a Title IX violation

     

    Document Date 
    Court of Appeals Decision, reported at 691 F.3d 85 08/07/12
    Brief as Amicus 09/07/11
  • R.K. v. Board of Education of Scott County, et al. (6th Cir.) – Amicus

    • Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act require the school district to allow R.K. to attend his neighborhood school unless it is necessary for him to attend a school with a nurse
    • Because R.K. did not seek any special education services and did not make claims under the Individuals with Disabilities Education Act, he was not required to exhaust administrative remedies under that statute
    • The district court applied the wrong legal standard and that state regulations governing insulin administration are preempted by federal protections for students with disabilities

     

    Document Date 
    Brief as Amicus 12/24/14
    Court of Appeals Decision, available at 494 F. App'x 589 08/16/12
    Brief as Amicus 06/07/11
  • Fisher & Mendoza v. Tucson Unified School District (9th Cir.) – Plaintiff-Intervenor-Appellee

    • Arizona's second motion for reconsideration is to be reviewed under an abuse of discretion standard and that the motion was properly denied
    • As Arizona lacks a significantly protectable interest in this case, the outcome of the case did not impair Arizona's ability to protect its interests
    • Arizona's interests were adequately represented
    • The motion was untimely
    • The district court failed to follow Supreme Court precedent governing termination of court oversight of a desegregation decree in reaching its decision to grant unitary status and terminate this case

     

    Document Date 
    Court of Appeals Decision 12/15/14
    Brief as Plaintiff-Intervenor-Appellee 11/13/13
    Court of Appeals Decision, reported at 652 F.3d 1131 07/19/11
    Brief as Plaintiff-Intervenor 04/29/11
  • 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, reported at 702 F.3d 655 12/03/12
    Brief as Amicus 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, available at 455 F. App'x 612 01/09/12
    Brief as Amicus 03/09/11
  • Doe v. Lower Merion School District (3d Cir.) – Amicus

    • Strict scrutiny did not apply to the school district's consideration of neighborhood racial demographics in order to promote diversity and avoid racial isolation, as per Justice Kennedy's concurrence in Parents Involved

     

    Document Date 
    Court of Appeals Decision, reported at 665 F.3d 524 12/14/11
    Brief as Amicus 02/02/11
  • Payne v. Peninsula School District (9th Cir.) – Amicus

    • Where a plaintiff alleges unconstitutional abuse and seeks only backward-looking remedies, the IDEA’s exhaustion requirements do not apply

     

    Document Date 
    Court of Appeals Decision, reported at 653 F.3d 863 07/29/11
    Brief as Amicus 11/04/10


 

 

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Updated August 20, 2015