Fry v. Napoleon Community Schools

Docket No. Op. Below Argument Opinion Vote Author Term
15-497 6th Cir. Oct 31, 2016
Tr.Aud.
Feb 22, 2017 8-0 Kagan OT 2016

Holding: (1) Exhaustion of the administrative procedures established by the Individuals with Disabilities Education Act is unnecessary when the gravamen of the plaintiff's suit is something other than the denial of the IDEA's core guarantee of a "free appropriate public education"; and (2) the case is remanded to the U.S. Court of Appeals for the 6th Circuit for a proper analysis of whether the gravamen of E.F.'s complaint -- which alleges only disability-based discrimination, without making any reference to the adequacy of the special-education services E.F.'s school provided -- charges, and seeks relief for, the denial of a FAPE.

Judgment: Vacated and remanded, 8-0, in an opinion by Justice Kagan on February 22, 2017. Justice Alito filed an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined.

SCOTUSblog Coverage

DateProceedings and Orders
Oct 15 2015Petition for a writ of certiorari filed. (Response due November 18, 2015)
Nov 5 2015Order extending time to file response to petition to and including December 18, 2015.
Dec 18 2015Brief of respondents Napoleon Community Schools, et al. in opposition filed.
Dec 23 2015Reply of petitioners Stacy Fry, et vir, as next friends of minor E. F. filed.
Dec 30 2015DISTRIBUTED for Conference of January 15, 2016.
Jan 19 2016The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 20 2016Brief amicus curiae of United States filed.
May 31 2016Supplemental brief of respondents Napoleon Community Schools, et al. filed.
May 31 2016Supplemental brief of petitioners Stacy Fry, et vir, as next friends of minor E. F. filed.
Jun 7 2016DISTRIBUTED for Conference of June 23, 2016.
Jun 27 2016DISTRIBUTED for Conference of June 27, 2016.
Jun 28 2016Petition GRANTED.
Jul 27 2016The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 22, 2016.
Jul 27 2016The time to file respondents' brief on the merits is extended to and including September 30, 2016.
Aug 2 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Aug 2 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, from counsel for the petitioners.
Aug 22 2016Joint appendix filed.
Aug 22 2016Brief of petitioners Stacy Fry, et vir, as Next Friends of Minor E. F. filed.
Aug 26 2016Brief amici curiae of Psychiatric Service Dog Partners, Inc., et al. filed.
Aug 29 2016Brief amicus curiae of United States filed.
Aug 29 2016Brief amici curiae of National Disability Rights Network, et al. filed.
Aug 29 2016Brief amici curiae of Professor Thomas Hehir, et al. filed.
Aug 29 2016Brief amici curiae of Council of Parent Attorneys and Advocates, et al. filed.
Aug 29 2016Brief amicus curiae of Hon. Lowell P. Weicker, Jr. filed.
Aug 29 2016Brief amici curiae of Illinois and Minnesota filed.
Aug 29 2016Brief amicus curiae of Autism Speaks filed.
Sep 2 2016SET FOR ARGUMENT On Monday, October 31, 2016
Sep 9 2016Record has been requested from the U.S.C.A. 6th Circuit.
Sep 20 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 28 2016CIRCULATED
Sep 30 2016Brief of respondents Napoleon Community Schools, et al. filed. (Distributed)
Oct 7 2016Brief amici curiae of National School Boards Association, et al. filed. (Distributed)
Oct 17 2016Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 20 2016Reply of petitioners Stacy Fry, et vir, as Next Friends of Minor E. F. filed. (Distributed)
Oct 31 2016Argued. For petitioners: Samuel R. Bagenstos, Ann Arbor, Mich.; and Roman Martinez, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Neal K. Katyal, Washington, D. C.
Feb 22 2017Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined.
Mar 27 2017JUDGMENT ISSUED.
 
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