Supreme Court Report

Supreme Court of the United States · Official docket →

Taylor Christian Profita v. The Regents of the University of Colorado, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 17-1127 · judgment October 11, 2017


Certiorari denied · February 20, 2018
Pre-decision estimate: 6% cert probability (95% interval 3%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition filed soon after the judgment below, and a Tenth Circuit decision below.

Question presented

Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, as amplified by the Title III provision in 42 U.S.C. § 12182(b)(2)(A)(ii), prohibits discrimination by a public entity for refusal to make a reasonable accommodation for an otherwise qualified individual with a disability, unless it would fundamentally alter services. An “individualized” inquiry into reasonableness is required, PGA Tour, Inc. v. Martin, 532 U.S. 661, 690 (2001), and “ ‘reasonable’ means no more than ‘effective’ . . . [to] ‘enable’ a person with a disability to perform the essential functions of a task . . . [,] the statutory provision’s basic objective.” U.S. Airways, Inc. v. Barnett, 535 U.S. 391, 401 (2002). A “second chance” doctrine has developed in Title I, II, and III accommodation caselaw where the request for accommodation comes after an issue with performance. The Tenth Circuit in this case denies an afterthe-fact “reasonableness inquiry” and accommodation to perform. Other jurisdictions require evaluation as to efficacy and reasonableness, allowing for “second chance” accommodation. There is a substantial split of authorities as to correct application of the doctrine, with irregular results unfairly impacting protection of disabled persons in a wide range of human activities including education, employment and public housing. Questions presented are: 1. Whether the “second chance” doctrine forecloses the “reasonableness inquiry,” as a matter of law, based solely upon timing of an

Counsel of record

For petitioner
John B. Roesler
Law office of John B. Roesler

For respondent
Patrick T. O'Rourke
University of Colorado

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, February 20, 2018 · Certiorari denied

Proceedings

  1. Feb 20 2018
    Petition DENIED.
  2. Jan 31 2018
    DISTRIBUTED for Conference of 2/16/2018.
  3. Jan 23 2018
    Waiver of right of respondents The Regents of the University of Colorado, et al. to respond filed.
  4. Jan 04 2018
    Petition for a writ of certiorari filed. (Response due February 7, 2018)