Supreme Court of the United States · Official docket →
Latrisha Winder, as Next Friend of J. W., a Minor and as Personal Representative of the Estate of Stephen Wayne Winder, Deceased, et al. v. Joshua M. Gallardo, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-10017 · judgment September 27, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Fifth Circuit decision below.
Question presented
Title II of the Americans with Disabilities Act of 1990 (ADA) prohibits public entities, including local law-enforcement agencies, from discriminating against qualified individuals with disabilities. 42 U.S.C. § 12132. Title II requires all public entities to “make reasonable modifications in policies, practices, or procedures” to accommodate individuals with disabilities. 28 C.F.R. § 35.130(b)(7)(i); see Tennessee v. Lane, 541 U.S. 509, 531-32 (2004). The courts of appeals have openly split over how Title II’s antidiscrimination rules apply during police officers’ encounters with individuals with disabilities. The Fourth, Ninth, and Eleventh Circuits hold that Title II applies to all police encounters, and any exigent circumstances that officers face during those encounters simply inform whether a requested accommodation is reasonable under the circumstances. See Seremeth v. Board of County Commissioners, 673 F.3d 333, 336-37 (4th Cir. 2012); Sheehan v. City & County of San Francisco, 743 F.3d 1211, 1232 (9th Cir. 2014); Bircoll v. Miami-Dade County, 480 F.3d 1072, 1086 (11th Cir. 2007). The Fifth Circuit alone, by contrast, holds that Title II categorically does not apply when police face exigent circumstances. Hainze v. Richards, 207 F.3d 795, 801 (5th Cir. 2000). The Court previously granted certiorari to resolve this split, but it never reached the issue because the petitioner changed positions at the merits stage. City & County of San Francisco v. Sheehan, 575 U.S. 600, 610 (2015). The question presented is whether Title II of the ADA applies when law-enforcement officers face exigent circumstances during their encounters with individuals with disabilities.
Counsel of record
For petitioner
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP
For respondent
Lisa S. Blatt
Williams & Connolly LLP
Proceedings
- Jun 23 2025Petition DENIED.
- Jun 04 2025Reply of petitioners Latrisha Winder, et al. filed. (Distributed)
- Jun 03 2025DISTRIBUTED for Conference of 6/18/2025.
- Jun 02 2025Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
- May 30 2025Brief of respondents Joshua M. Gallardo, et al. in opposition filed. (Distributed)
- May 16 2025Motion to extend the time to file a response is granted in part and the time is extended to and including May 30, 2025.
- May 14 2025Motion to extend the time to file a response from May 28, 2025 to June 27, 2025, submitted to The Clerk.
- May 14 2025Response to motion to further extend the time to file a response from petitioner filed.
- Apr 28 2025Brief amici curiae of Treatment Advocacy Center, et al. filed.
- Apr 04 2025Motion to extend the time to file a response is granted and the time is extended to and including May 28, 2025.
- Apr 03 2025Motion to extend the time to file a response from April 28, 2025 to May 28, 2025, submitted to The Clerk.
- Mar 27 2025Response Requested. (Due April 28, 2025)
- Mar 26 2025DISTRIBUTED for Conference of 4/17/2025.
- Mar 20 2025Waiver of right of respondent Joshua M. Gallardo, et al. to respond filed.
- Mar 10 2025Petition for a writ of certiorari filed. (Response due April 11, 2025)
- Feb 10 2025Application (24A735) granted by Justice Alito extending the time to file until March 10, 2025.
- Feb 05 2025Application (24A735) to extend further the time from February 17, 2025 to March 10, 2025, submitted to Justice Alito.
- Jan 22 2025Application (24A735) to extend the time to file a petition for a writ of certiorari from February 3, 2025 to February 17, 2025, submitted to Justice Alito.
- Jan 19 2025Application (24A735) granted by Justice Alito extending the time to file until February 17, 2025.