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Perez v. Sturgis Public Schools
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-887 | 6th Cir. |
Jan 18, 2023 |
TBD | TBD | TBD | OT 2022 |
Issues: (1) Whether, and in what circumstances, courts should excuse further exhaustion of the Individuals with Disabilities Education Act’s administrative proceedings under Section 1415(l) when such proceedings would be futile; and (2) whether Section 1415(l) requires exhaustion of a non-IDEA claim seeking money damages that are not available under the IDEA.
SCOTUSblog Coverage
- Deaf student’s lawsuit against school district draws support from justices on both the left and the right (Amy Howe, January 18, 2023)
- Justices will consider reviving lawsuit from deaf student who was denied sign-language interpreter (Amy Howe, January 14, 2023)
- Seven mostly low-profile cases are slated for oral arguments in January (Amy Howe, November 10, 2022)
- Court agrees to hear nine new cases, including challenge to tech companies’ immunity under Section 230 (Amy Howe, October 3, 2022)
- Justices grant review in cases on Bank Secrecy Act and False Claims Act (Amy Howe, June 21, 2022)
- Vaccine requirements, cancer claims, and circuit splits (John Elwood, June 16, 2022)
| Date | Proceedings and Orders |
|---|---|
| Oct 08 2021 | Application (21A74) to extend the time to file a petition for a writ of certiorari from October 27, 2021 to December 13, 2021, submitted to Justice Kavanaugh. |
| Oct 14 2021 | Application (21A74) granted by Justice Kavanaugh extending the time to file until December 13, 2021. |
| Dec 13 2021 | Petition for a writ of certiorari filed. (Response due January 14, 2022) |
| Jan 04 2022 | Brief amici curiae of Professors Mark C. Weber and Bernard P. Perlmutter filed. |
| Jan 12 2022 | Brief amici curiae of Council of Parent Attorneys and Advocates, Inc. and National Federation for the Blind filed. |
| Jan 12 2022 | Brief amici curiae of 23 Law Professors filed. |
| Jan 26 2022 | DISTRIBUTED for Conference of 2/18/2022. |
| Feb 02 2022 | Response Requested. (Due March 4, 2022) |
| Feb 02 2022 | Motion to extend the time to file a response from March 4, 2022 to April 4, 2022, submitted to The Clerk. |
| Feb 04 2022 | Motion to extend the time to file a response is granted and the time is extended to and including April 4, 2022. |
| Mar 21 2022 | Motion to extend the time to file a response from April 4, 2022 to May 4, 2022, submitted to The Clerk. |
| Mar 22 2022 | Motion to extend the time to file a response is granted and the time is further extended to and including May 4, 2022. |
| May 04 2022 | Brief of respondents Sturgis Public Schools, et al. in opposition filed. |
| May 24 2022 | DISTRIBUTED for Conference of 6/9/2022. |
| May 24 2022 | Reply of petitioner Miguel Luna Perez filed. (Distributed) |
| Jun 13 2022 | DISTRIBUTED for Conference of 6/16/2022. |
| Jun 21 2022 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Aug 24 2022 | Brief amicus curiae of United States filed. |
| Sep 07 2022 | DISTRIBUTED for Conference of 9/28/2022. |
| Sep 07 2022 | Supplemental brief of respondents Sturgis Public Schools, et al. filed. (Distributed) |
| Sep 09 2022 | Supplemental brief of petitioner Miguel Luna Perez filed. (Distributed) |
| Oct 03 2022 | Petition GRANTED. |
| Oct 14 2022 | Blanket Consent filed by Petitioner, Miguel Luna Perez |
| Oct 14 2022 | Blanket Consent filed by Respondent, Sturgis Public Schools, et al. |
| Nov 09 2022 | Brief of petitioner Miguel Luna Perez filed. |
| Nov 09 2022 | Joint appendix filed. (Statement of costs filed) |
| Nov 10 2022 | SET FOR ARGUMENT on Wednesday, January 18, 2023. |
| Nov 16 2022 | Record requested from the U.S.C.A. 6th Circuit. |
| Nov 16 2022 | Brief amici curiae of Senator Tom Harkin, Representative Tony Coelho, Representative George Miller filed. |
| Nov 16 2022 | Brief amici curiae of The ARC of the United States, et al. filed. |
| Nov 16 2022 | Brief amici curiae of Former U.S. Department of Education Officials filed. |
| Nov 16 2022 | Brief amici curiae of Professors filed. |
| Nov 16 2022 | Brief amici curiae of Advocates for Children of New York, et al. filed. |
| Nov 16 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. |
| Nov 16 2022 | Amicus brief of United States not accepted for filing. (Brief cover to be corrected and brief reprinted and resubmitted - December 15, 2022) |
| Nov 16 2022 | Brief amicus curiae of United States filed. (Corrected brief filed - November 28, 2022). (Distributed) |
| Dec 07 2022 | CIRCULATED |
| Dec 09 2022 | Brief of respondents Sturgis Public Schools, et al. filed. (Distributed) |
| Dec 16 2022 | Brief amici curiae of National School Boards Association, et al. filed. (Distributed) |
| Dec 16 2022 | Brief amici curiae of AASA, the School Superintendents Association, et al. filed. (Distributed) |
| Dec 20 2022 | Record received from the U.S.C.A. 6th Circuit. The record was transmitted electronically. |
| Dec 20 2022 | The record from the U.S.D.C. Western District of Michigan is available on PACER. |
| Jan 06 2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. |
| Jan 06 2023 | Reply of petitioner Miguel Luna Perez filed. (Distributed) |
| Jan 18 2023 | Argued. For petitioner: Roman Martinez, Washington, D. C.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Shay Dvoretzky, Washington, D. C. |
