Appellate Section - Title VI of the Civil Rights Act of 1964

Briefs and Opinions

• Bloomberg v. New York Department of Education (2d Cir.) - Amicus
  • This court should explicitly hold that Title VI encompasses retaliation claims
  • Section 604 does not apply to claims of retaliation against an employee for complaining about non-employment-related discrimination covered by Title VI
   

  Document	Date
  Brief as Amicus	06/30/23

• Students for Fair Admissions v. University of North Carolina (S. Ct.) - Amicus
  • This Court should adhere to Grutter’s holding that the educational benefits of diversity are a compelling interest
  • The lower court correctly upheld UNC's admissions process under this Court’s precedents
   

  Document	Date
  Supreme Court Decision, reported at 143 S. Ct. 2141	06/29/23
  Brief as Amicus (Merits)	08/01/22

• Students for Fair Admissions v. Harvard (S. Ct.) - Amicus
  • The court of appeals’ application of this Court’s precedents does not warrant further review
  • This Court should not grant review to consider overruling its precedents in this area
   

  Document	Date
  Supreme Court Decision, reported at 143 S. Ct. 2141	06/29/23
  Brief as Amicus (Merits)	08/01/22
  Brief as Amicus in Response to Court's Invitation	12/08/21

• Cummings v. Premier Rehab Keller (S. Ct.) - Amicus
  • The court of appeals erred in holding that emotional distress damages are categorically unavailable for violations of Section 504 of the Rehabilitation Act and Section 1557 of the ACA and, by extension, Title VI and the other antidiscrimination statutes that incorporate its remedies
  • The decision below conflicts with the decision of another court of appeals
  • The question presented warrants review in this case
   

  Document	Date
  Supreme Court Decision, reported at 142 S. Ct. 1562	04/28/22
  Brief as Amicus	08/30/21
  Certiorari Granted, reported at 141 S. Ct. 2882	07/02/21
  Brief as Amicus in Response to Court's Invitation	05/25/21

• Students for Fair Admissions v. Harvard (1st Cir.) - Amicus
  • Harvard failed to prove that its use of race is narrowly tailored
  • Harvard failed to articulate a sufficiently concrete and measurable interest
   

  Document	Date
  Court of Appeals Errata Sheet	11/24/20
  Court of Appeals Decision, reported at 980 F.3d 157	11/12/20
  Brief as Amicus	02/25/20

• United States v. County of Maricopa (9th Cir.) - Appellee
  • The district court correctly held that the County is liable under Section 14141 and Title VI for the unconstitutional policies and conduct of Sheriff Arpaio and the Maricopa County Sheriff’s Office
  • The County is liable under, and bound by, the findings of unlawful discrimination in Melendres
   

  Document	Date
  Court of Appeals Decision, reported at 889 F.3d 648	05/07/18
  Brief as Appellee	09/16/16

• 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
  Court of Appeals Order	01/20/15
  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, 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

• 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	02/23/07
  Brief for Federal Defendants as Appellees	08/22/05

• Ayers v. Musgrove (S. Ct. and 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
  Certiorari Denied, reported at 125 S. Ct. 372	10/18/04
  Opposition to Petition for Writ of Certiorari	09/15/04
  Court of Appeals Decision, reported at 358 F.3d 356	01/27/04
  Brief as Appellee	05/12/03

• 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
  Court of Appeals Decision, reported at 327 F.3d 307	04/28/03
  Brief as Amicus	02/27/02

• 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
  Court of Appeals Decision, reported at 295 F.3d 1183	07/09/02
  Brief as Intervenor	02/05/01

• 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
  Certiorari Denied, reported at 532 U.S. 903	03/05/01
  Brief as Amicus	01/19/01
  Court of Appeals Decision, reported at 208 F.3d 702	03/31/00
  Brief as Amicus	08/19/99

• 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
  Petition for Rehearing En Banc Denied	02/09/00
  Brief as Amicus Supporting Petition for Rehearing En Banc	01/18/00
  Court of Appeals Decision, reported at 198 F.3d 107	12/22/99
  Brief as Amicus	06/16/99

• 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
  Certiorari Denied, reported at 528 U.S. 1046	12/06/99
  Court of Appeals Decision, reported at 189 F.3d 387	08/25/99
  Brief as Amicus	02/16/99

• 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
  Supreme Court Decision, reported at 532 U.S. 275	04/24/01
  Brief for the United States	12/13/00
  Certiorari Granted, reported at 530 U.S. 1305	09/26/00
  Court of Appeals Decision, reported at 197 F.3d 484	11/30/99
  Brief as Intervenor/Amicus	01/11/99

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