Skip to main content

Appellate Section - Title VI of the Civil Rights Act of 1964

Briefs and Opinions

  • Bloomberg v. New York Department of Education (2d Cir.) - Amicus

    • This court should explicitly hold that Title VI encompasses retaliation claims
    • Section 604 does not apply to claims of retaliation against an employee for complaining about non-employment-related discrimination covered by Title VI

     

    DocumentDate 
    Court of Appeals Decision, reported at 119 F.4th 20910/03/24
    Brief as Amicus06/30/23
  • Students for Fair Admissions v. University of North Carolina (S. Ct.) - Amicus

    • This Court should adhere to Grutter’s holding that the educational benefits of diversity are a compelling interest
    • The lower court correctly upheld UNC's admissions process under this Court’s precedents

     

    DocumentDate 
    Supreme Court Decision, reported at 143 S. Ct. 214106/29/23
    Brief as Amicus (Merits)08/01/22
  • Students for Fair Admissions v. Harvard (S. Ct.) - Amicus

    • The court of appeals’ application of this Court’s precedents does not warrant further review
    • This Court should not grant review to consider overruling its precedents in this area

     

    DocumentDate 
    Supreme Court Decision, reported at 143 S. Ct. 214106/29/23
    Brief as Amicus (Merits)08/01/22
    Brief as Amicus in Response to Court's Invitation12/08/21
  • Cummings v. Premier Rehab Keller (S. Ct.) - Amicus

    • The court of appeals erred in holding that emotional distress damages are categorically unavailable for violations of Section 504 of the Rehabilitation Act and Section 1557 of the ACA and, by extension, Title VI and the other antidiscrimination statutes that incorporate its remedies
    • The decision below conflicts with the decision of another court of appeals
    • The question presented warrants review in this case

     

    DocumentDate 
    Supreme Court Decision, reported at 142 S. Ct. 156204/28/22
    Brief as Amicus08/30/21
    Certiorari Granted, reported at 141 S. Ct. 288207/02/21
    Brief as Amicus in Response to Court's Invitation05/25/21
  • Students for Fair Admissions v. Harvard (1st Cir.) - Amicus

    • Harvard failed to prove that its use of race is narrowly tailored
    • Harvard failed to articulate a sufficiently concrete and measurable interest

     

    DocumentDate 
    Court of Appeals Errata Sheet11/24/20
    Court of Appeals Decision, reported at 980 F.3d 15711/12/20
    Brief as Amicus02/25/20
  • United States v. County of Maricopa (9th Cir.) - Appellee

    • The district court correctly held that the County is liable under Section 14141 and Title VI for the unconstitutional policies and conduct of Sheriff Arpaio and the Maricopa County Sheriff’s Office
    • The County is liable under, and bound by, the findings of unlawful discrimination in Melendres

     

    DocumentDate 
    Court of Appeals Decision, reported at 889 F.3d 64805/07/18
    Brief as Appellee09/16/16
  • Flores v. United States Department of Justice (D.C. Cir.) - Respondent

    • Flores's petition for review should be dismissed for lack of subject matter jurisdiction because he does not have the right to judicial review under either Title VI or the Administrative Procedure Act
    • Petitioner's motion for a preliminary injunction is frivolous on its face

     

    DocumentDate 
    Court of Appeals Order01/20/15
    Motion to Dismiss10/14/14
    Response to Motion for a Preliminary Injunction10/06/14
  • Zeno v. Pine Plains Central School District (2d Cir.) - Amicus

    • A school district can be found deliberately indifferent to known acts of student-on-student racial harassment under Title VI where it knows that individual disciplinary measures have not prevented persistent racial harassment, and yet fails to implement additional remedial action targeted to ending the harassment

     

    DocumentDate 
    Court of Appeals Decision, reported at 702 F.3d 65512/03/12
    Brief as Amicus04/21/11
  • Williams v. Port Huron Area School District (6th Cir.) - Amicus

    • The standard for Title VI racial harassment claims is the deliberate indifference standard employed in Title IX cases
    • The evidence is sufficient for a reasonable factfinder to find that the school district was deliberately indifferent to the harassment from 2003-2006

     

    DocumentDate 
    Court of Appeals Decision, available at 455 F. App'x 61201/09/12
    Brief as Amicus03/09/11
  • Colwell v. United States Dep't of Health & Human Svcs. (9th Cir.) -- Appellee

    • Plaintiffs lack standing to maintain this action
    • Plaintiffs' claims are not ripe for review

     

    DocumentDate 
    Court of Appeals Decision, reported at 558 F. 3d 111203/18/09
    Supplemental Brief for Federal Defendants as Appellees02/23/07
    Brief for Federal Defendants as Appellees08/22/05
  • Ayers v. Musgrove (S. Ct. and 5th Cir.) -- Appellee

    • The district court did not abuse its discretion when it approved the settlement agreement
    • The district court did not abuse its discretion when it denied the motion to opt out of the class

     

    DocumentDate 
    Certiorari Denied, reported at 125 S. Ct. 37210/18/04
    Opposition to Petition for Writ of Certiorari09/15/04
    Court of Appeals Decision, reported at 358 F.3d 35601/27/04
    Brief as Appellee05/12/03


 

 

Browse Briefs by Category

Access to Justice
Affirmative Action
Americans with Disabilities Act and Section 504 of the Rehabilitation Act
Constitutionality of Federal Statutes
Criminal
Education
Employment Discrimination (Race, National Origin, Sex, and Religion)
Equal Credit Opportunity Act
Equal Protection Clause
Freedom of Access to Clinic Entrances Act
Housing
Immigration
Individuals with Disabilities Education Act
Institutionalized Persons
Police Misconduct (Civil Cases)
Religion Cases
Servicemember Cases
Third Party Intervention in Civil Rights Cases
Title VI of the Civil Rights Act of 1964
Voting
Other

Updated December 3, 2024