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Melissa Maher v. Iowa State University

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 18-1559 · judgment February 15, 2019

Certiorari denied · June 24, 2019
Pre-decision estimate: 4% cert probability

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

Questions presented

  1. Does discrimination making a student vulnerable to harassment after a sexual assault create a cause of action for deliberate indifference by the institution under Title IX?

  2. Is it reasonable in light of the known circumstances to require a student to accept unequal housing as an accommodation to prevent vulnerability to sexual harassment after a sexual assault?

Counsel of record

For petitioner
Andrew John Zbaracki
Newbrough Law Firm, LLP

For respondent
Derek T. Teeter
Husch Blackwell LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 24 2019
    Petition DENIED.
  2. Jun 04 2019
    DISTRIBUTED for Conference of 6/20/2019.
  3. May 28 2019
    Waiver of right of respondent Iowa State University to respond filed.
  4. May 16 2019
    Petition for a writ of certiorari filed. (Response due June 24, 2019)