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Perez v. Sturgis Public Schools

Docket No. Op. Below Argument Opinion Vote Author Term
21-887 6th Cir. Jan 18, 2023 Mar 21, 2023 9-0 Gorsuch OT 2022

Holding: An Americans with Disabilities Act lawsuit seeking compensatory damages for the denial of a free and appropriate education may proceed without exhausting the administrative processes of the Individuals with Disabilities Education Act because the remedy sought is not one IDEA provides.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Gorsuch on March 21, 2023.

DateProceedings and Orders (key to color coding)
10/08/2021Application (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.
10/14/2021Application (21A74) granted by Justice Kavanaugh extending the time to file until December 13, 2021.
12/13/2021Petition for a writ of certiorari filed. (Response due January 14, 2022)
01/04/2022Brief amici curiae of Professors Mark C. Weber and Bernard P. Perlmutter filed.
01/12/2022Brief amici curiae of Council of Parent Attorneys and Advocates, Inc. and National Federation for the Blind filed.
01/12/2022Brief amici curiae of 23 Law Professors filed.
01/26/2022DISTRIBUTED for Conference of 2/18/2022.
02/02/2022Response Requested. (Due March 4, 2022)
02/02/2022Motion to extend the time to file a response from March 4, 2022 to April 4, 2022, submitted to The Clerk.
02/04/2022Motion to extend the time to file a response is granted and the time is extended to and including April 4, 2022.
03/21/2022Motion to extend the time to file a response from April 4, 2022 to May 4, 2022, submitted to The Clerk.
03/22/2022Motion to extend the time to file a response is granted and the time is further extended to and including May 4, 2022.
05/04/2022Brief of respondents Sturgis Public Schools, et al. in opposition filed.
05/24/2022DISTRIBUTED for Conference of 6/9/2022.
05/24/2022Reply of petitioner Miguel Luna Perez filed. (Distributed)
06/13/2022DISTRIBUTED for Conference of 6/16/2022.
06/21/2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.
08/24/2022Brief amicus curiae of United States filed.
09/07/2022DISTRIBUTED for Conference of 9/28/2022.
09/07/2022Supplemental brief of respondents Sturgis Public Schools, et al. filed. (Distributed)
09/09/2022Supplemental brief of petitioner Miguel Luna Perez filed. (Distributed)
10/03/2022Petition GRANTED.
10/14/2022Blanket Consent filed by Petitioner, Miguel Luna Perez
10/14/2022Blanket Consent filed by Respondent, Sturgis Public Schools, et al.
11/09/2022Brief of petitioner Miguel Luna Perez filed.
11/09/2022Joint appendix filed. (Statement of costs filed)
11/10/2022SET FOR ARGUMENT on Wednesday, January 18, 2023.
11/16/2022Record requested from the U.S.C.A. 6th Circuit.
11/16/2022Brief amici curiae of Senator Tom Harkin, Representative Tony Coelho, Representative George Miller filed.
11/16/2022Brief amici curiae of The ARC of the United States, et al. filed.
11/16/2022Brief amici curiae of Former U.S. Department of Education Officials filed.
11/16/2022Brief amici curiae of Professors filed.
11/16/2022Brief amici curiae of Advocates for Children of New York, et al. filed.
11/16/2022Motion 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.
11/16/2022Amicus brief of United States not accepted for filing. (Brief cover to be corrected and brief reprinted and resubmitted - December 15, 2022)
11/16/2022Brief amicus curiae of United States filed. (Corrected brief filed - November 28, 2022). (Distributed)
12/07/2022CIRCULATED
12/09/2022Brief of respondents Sturgis Public Schools, et al. filed. (Distributed)
12/16/2022Brief amici curiae of National School Boards Association, et al. filed. (Distributed)
12/16/2022Brief amici curiae of AASA, the School Superintendents Association, et al. filed. (Distributed)
12/20/2022Record received from the U.S.C.A. 6th Circuit. The record was transmitted electronically.
12/20/2022The record from the U.S.D.C. Western District of Michigan is available on PACER.
01/06/2023Motion 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.
01/06/2023Reply of petitioner Miguel Luna Perez filed. (Distributed)
01/18/2023Argued. 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.
03/21/2023Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion for a unanimous Court.
04/24/2023Judgment issued.