Supreme Court of the United States · Official docket →
Multnomah County, Oregon v. David Updike, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-35254 · judgment August 31, 2017
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a Ninth Circuit decision below.
Question presented
Under this Court’s jurisprudence, the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12132, and Section 504 of the Rehabilitation Act (“§ 504”), 29 U.S.C. § 794, require a showing of discriminatory intent prior to an award of compensatory damages. Petitioner operates a county jail in Portland, Oregon. Respondent, a frequent visitor to Oregon jails, is hearing-impaired. In January 2013, he spent two nights at the jail, achieving the routine booking and pretrial release matters through writing. No mistakes were made on his admission, housing, or release. Because respondent claimed he requested an ASL interpreter, however, the Ninth Circuit determined that a genuine dispute of fact existed as to whether petitioner committed intentional discrimination, requiring it to compensate respondent for the emotional distress associated with not receiving his first-choice accommodation. THE QUESTION PRESENTED IS: Is the level of discriminatory intent required to award compensatory damages under the ADA and § 504 “discriminatory animus,” as three circuits have held, or “deliberate indifference,” as five circuits have held, and can the provision of an effective accommodation amount to discriminatory intent?
Counsel of record
For petitioner
Jacqueline Sadker Kamins
Multnomah County Attorney
For respondent
Carl Lee Post
Law Offices of Daniel Snyder
Case
Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 1, 2018 · Certiorari denied
Proceedings
- Oct 01 2018Petition DENIED.
- Jun 20 2018DISTRIBUTED for Conference of 9/24/2018.
- Jun 15 2018Reply of petitioner Multnomah County filed.
- Jun 01 2018Brief of respondent David Updike in opposition filed.
- Apr 19 2018Motion to extend the time to file a response is granted and the time is further extended to and including June 1, 2018.
- Apr 16 2018Motion to extend the time to file a response from May 2, 2018 to June 1, 2018, submitted to The Clerk.
- Mar 26 2018Motion to extend the time to file a response is granted and the time is extended to and including May 2, 2018.
- Mar 19 2018Motion to extend the time to file a response from April 2, 2018 to May 2, 2018, submitted to The Clerk.
- Feb 26 2018Petition for a writ of certiorari filed. (Response due April 2, 2018)