Supreme Court Report

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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: 6% cert probability (95% interval 4%–10%)

Before the decision, modestly above 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

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, June 24, 2019 · Certiorari denied

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)