Perez v. Sturgis Public Schools
Holding
An Americans with Disabilities Act lawsuit seeking compensatory damages for the denial of a free and appropriate education may proceed without exhausting the administrative processes of the Individuals with Disabilities Education Act because the remedy sought is not one IDEA provides.
Judgment
Reversed and remanded, 9-0, in an opinion by Neil Gorsuch on Mar 21, 2023.
Oct 8, 2021Application (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, 2021Application (21A74) granted by Justice Kavanaugh extending the time to file until December 13, 2021.
Dec 13, 2021Petition for a writ of certiorari filed. (Response due January 14, 2022)Jan 4, 2022Brief amici curiae of Professors Mark C. Weber and Bernard P. Perlmutter filed.Jan 12, 2022Brief amici curiae of Council of Parent Attorneys and Advocates, Inc. and National Federation for the Blind filed.Jan 12, 2022Brief amici curiae of 23 Law Professors filed.Jan 26, 2022DISTRIBUTED for Conference of 2/18/2022.
Feb 2, 2022Response Requested. (Due March 4, 2022)
Feb 2, 2022Motion to extend the time to file a response from March 4, 2022 to April 4, 2022, submitted to The Clerk.Feb 4, 2022Motion to extend the time to file a response is granted and the time is extended to and including April 4, 2022.
Mar 21, 2022Motion to extend the time to file a response from April 4, 2022 to May 4, 2022, submitted to The Clerk.Mar 22, 2022Motion to extend the time to file a response is granted and the time is further extended to and including May 4, 2022.
May 4, 2022Brief of respondents Sturgis Public Schools, et al. in opposition filed.May 24, 2022DISTRIBUTED for Conference of 6/9/2022.
May 24, 2022Reply of petitioner Miguel Luna Perez filed. (Distributed)Jun 13, 2022DISTRIBUTED for Conference of 6/16/2022.
Jun 21, 2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Aug 24, 2022Brief amicus curiae of United States filed.Sep 7, 2022DISTRIBUTED for Conference of 9/28/2022.
Sep 7, 2022Supplemental brief of respondents Sturgis Public Schools, et al. filed. (Distributed)Sep 9, 2022Supplemental brief of petitioner Miguel Luna Perez filed. (Distributed)Oct 3, 2022Petition GRANTED.
Oct 14, 2022Blanket Consent filed by Petitioner, Miguel Luna PerezOct 14, 2022Blanket Consent filed by Respondent, Sturgis Public Schools, et al.Nov 9, 2022Brief of petitioner Miguel Luna Perez filed.Nov 9, 2022Joint appendix filed. (Statement of costs filed)Nov 10, 2022SET FOR ARGUMENT on Wednesday, January 18, 2023.
Nov 16, 2022Record requested from the U.S.C.A. 6th Circuit.
Nov 16, 2022Brief amici curiae of Senator Tom Harkin, Representative Tony Coelho, Representative George Miller filed.Nov 16, 2022Brief amici curiae of The ARC of the United States, et al. filed.Nov 16, 2022Brief amici curiae of Former U.S. Department of Education Officials filed.Nov 16, 2022Brief amici curiae of Professors filed.Nov 16, 2022Brief amici curiae of Advocates for Children of New York, et al. filed.Nov 16, 2022Motion 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, 2022Amicus brief of United States not accepted for filing. (Brief cover to be corrected and brief reprinted and resubmitted - December 15, 2022)
Nov 16, 2022Brief amicus curiae of United States filed. (Corrected brief filed - November 28, 2022). (Distributed)Dec 7, 2022CIRCULATED
Dec 9, 2022Brief of respondents Sturgis Public Schools, et al. filed. (Distributed)Dec 16, 2022Brief amici curiae of National School Boards Association, et al. filed. (Distributed)Dec 16, 2022Brief amici curiae of AASA, the School Superintendents Association, et al. filed. (Distributed)Dec 20, 2022Record received from the U.S.C.A. 6th Circuit. The record was transmitted electronically.
Dec 20, 2022The record from the U.S.D.C. Western District of Michigan is available on PACER.
Jan 6, 2023Motion 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 6, 2023Reply of petitioner Miguel Luna Perez filed. (Distributed)Jan 18, 2023Argued. 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.
Mar 21, 2023Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion for a unanimous Court.
Apr 24, 2023Judgment issued.Recommended Citation: Perez v. Sturgis Public Schools, SCOTUSblog, https://www.scotusblog.com/cases/perez-v-sturgis-public-schools/