Supreme Court of the United States · Official docket →
Miguel Luna Perez v. Sturgis Public Schools, et al.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-1076 · judgment June 25, 2021
Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Questions presented
The Individuals with Disabilities Education Act (IDEA) preserves the rights of children with disabilities to bring claims under the Constitution and other federal anti-discrimination statutes, so long as they exhaust the IDEA's administrative procedures if their non-IDEA suit "seek[s] relief that is also available under [the IDEA]." 20 U.S.C. § 1415(l). In the decision below, the Sixth Circuit affirmed the dismissal of petitioner's claim under the Americans with Disabilities Act for failure to exhaust-even though that claim had been dismissed from petitioner's IDEA administrative proceedings, and even though petitioner had settled his IDEA claim with the school district to the satisfaction of all parties. The Sixth Circuit broke with eleven other circuits by holding that Section 1415(l)'s exhaustion requirement is not subject to a futility exception. The Sixth Circuit also held that Section 1415(l)'s exhaustion requirement applies even when the plaintiff is seeking money damages, a remedy that is not available under the IDEA. The questions presented are:
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Whether, and in what circumstances, courts should excuse further exhaustion of the IDEA's administrative proceedings under Section 1415(l) when such proceedings would be futile.
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Whether Section 1415(l) requires exhaustion of a non-IDEA claim seeking money damages that are not available under the IDEA.
Counsel of record
For petitioner
Roman Martinez V
Latham & Watkins, LLP
For respondent
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP
Case
Conference history
Distributed for 4 conferences
Amicus briefs
4 cert-stage · 8 merits
(6 supporting pet./neither, 2 respondent)
Argument & decision
Argued January 18, 2023 — Roman Martinez · Shay Dvoretzky. Audio and transcript
Decided March 21, 2023. Opinion by Gorsuch.
Proceedings
- Apr 24 2023Judgment issued.
- Mar 21 2023Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion for a unanimous Court.
- 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.
- Jan 06 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 06 2023Reply of petitioner Miguel Luna Perez 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.
- 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 09 2022Brief of respondents Sturgis Public Schools, et al. filed. (Distributed)
- Dec 07 2022CIRCULATED
- 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)
- Nov 10 2022SET FOR ARGUMENT on Wednesday, January 18, 2023.
- Nov 09 2022Brief of petitioner Miguel Luna Perez filed.
- Nov 09 2022Joint appendix filed. (Statement of costs filed)
- Oct 14 2022Blanket Consent filed by Petitioner, Miguel Luna Perez
- Oct 14 2022Blanket Consent filed by Respondent, Sturgis Public Schools, et al.
- Oct 03 2022Petition GRANTED.
- Sep 09 2022Supplemental brief of petitioner Miguel Luna Perez filed. (Distributed)
- Sep 07 2022DISTRIBUTED for Conference of 9/28/2022.
- Sep 07 2022Supplemental brief of respondents Sturgis Public Schools, et al. filed. (Distributed)
- Aug 24 2022Brief amicus curiae of United States filed.
- Jun 21 2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Jun 13 2022DISTRIBUTED for Conference of 6/16/2022.
- May 24 2022DISTRIBUTED for Conference of 6/9/2022.
- May 24 2022Reply of petitioner Miguel Luna Perez filed. (Distributed)
- May 04 2022Brief of respondents Sturgis Public Schools, et al. in opposition filed.
- 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.
- Mar 21 2022Motion to extend the time to file a response from April 4, 2022 to May 4, 2022, submitted to The Clerk.
- Feb 04 2022Motion to extend the time to file a response is granted and the time is extended to and including April 4, 2022.
- Feb 02 2022Response Requested. (Due March 4, 2022)
- Feb 02 2022Motion to extend the time to file a response from March 4, 2022 to April 4, 2022, submitted to The Clerk.
- Jan 26 2022DISTRIBUTED for Conference of 2/18/2022.
- 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 04 2022Brief amici curiae of Professors Mark C. Weber and Bernard P. Perlmutter filed.
- Dec 13 2021Petition for a writ of certiorari filed. (Response due January 14, 2022)
- Oct 14 2021Application (21A74) granted by Justice Kavanaugh extending the time to file until December 13, 2021.
- Oct 08 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.