The provision of the Mandatory Victims Restitution Act of 1996 that requires certain convicted defendants to reimburse the victim for “expenses incurred during participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense,” 18 U. S. C. §3663A(b)(4) does not include private investigations and civil or bankruptcy proceedings. The United States objected to the District's plans on February 13, 2015 and responded to the District's objections to its plan on February 27, 2015. Decision is available here: https://www.scotusblog.com/wpcontent/uploads/2020/06/061520zor_f2bh.pdf. The Court held the presumption of prejudice for Sixth Amendment purposes, as recognized in Roe v. Flores-Ortega, applies regardless of whether a defendant has signed an appeal waiver. In April 2000 the parties signed and the district court approved a consent order that both required the school district to address areas of its alleged non-compliance with federal law and resolved all but one of the issues on appeal. Concurring opinion in judgment by Justice Ginsburg.). In this case, the plaintiff, a transgender boy, alleges that several Michigan school districts unlawfully subjected him to harassment and denied him equal treatment and benefits based on his sex. Summary: The Court reversed remanded the decision by the State of Louisiana. Justice Thomas filed a concurring opinion). The Section initiated its investigation in response to a complaint by a group a parents alleging that their children had been subject to severe and pervasive sex-based harassment, including assault, that went unaddressed by the District. Summary: The Court reversed the Eleventh Circuit Court of Appeals. Concordia Parish School District (“District”) is still operating under the requirements of this 1970 federal desegregation order and further orders mandating the desegregation of the District. On January 22, 2003, the district court granted the Department's motion to dismiss and dismissed the Hoffman lawsuit with prejudice. Download Summaries Watch Oral Arguments November arguments will be conducted by video teleconference. In 2002 and 2003, private plaintiffs brought suits against the he Lowndes County school district asserting non-compliance with its desegregation obligations, primarily in West Lowndes, an almost all-black area of the district, pursuant to a pursuant to a desegregation order that the district has been operating under since 1970. The Section submitted a brief providing the relevant legal standards for evaluating both the need for a new school and the appropriateness of the proposed location. Pursuant to the 2012 Consent Order, the Board agreed to withdraw its motion for unitary status and motion to dismiss. Decision is available at https: https://www.supremecourt.gov/opinions/18pdf/18-443_8m58.pdf, Timbs v. Indiana (9-0 Opinion on February 20, 2019. In this case, the plaintiff, a transgender boy, alleges that the Gloucester County School Board unlawfully discriminated against him and denied him equal treatment and benefits based on his sex when it passed a policy that prohibited transgender students from using facilities matching their gender identity. The Court held that Andrus had sufficiently demonstrated that his trial counsel was deficient under Strickland v. Washington, and that the lower court must determine whether Andrus was prejudiced by the inadequacy of counsel. § 2000d, and its implementing regulations by failing to provide special programs designed to rectify the English language deficiencies of students who do not speak or understand English, or are of limited English-speaking ability, and by failing to provide these students with equal access to the instructional program. Justice Alito, joined by Justices Thomas and Gorsuch, filed a dissenting opinion. MHSAA then appealed to the Supreme Court, which instructed the Sixth Circuit to reconsider the case. This discrimination took many forms, including indifferent reaction to persistent verbal and physical peer harassment of Asian students. This order called for the reconfiguration of attendance zone lines for Askewville, an independent facilities assessment of the elementary and middle schools in the district, and the development of a new student assignment plan. The Court held the Government’s acquisition of Carpenter’s cell-site records was a Fourth Amendment search and required a warrant supported by probable cause. This historic desegregation involving the St. Louis Public Schools (SLPS) began in 1972. The agreement also required the school district to review and revise its policies; train its employees to recognize, investigate and address harassment and discrimination; and educate its students about the inappropriateness of harassment and discrimination. The Court denied the motion in an April 30, 2013 order. On December 7, 2006, the Court of Appeals for the Sixth Circuit denied rehearing and rehearing en banc. Following the Supreme Court's decision and VMI's admission of women in 1997, the Section monitored the integration of women into the institution. The Department of Justice will continue to monitor the District’s compliance with the Court’s orders and federal law. On February 19, 2004, the case was dismissed. In this matter involving the University of Tennessee Health Science Center (UTHSC), Tennessee, the Department investigated a complaint alleging, in part, that UTHSC violated of Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. The district also must provide ELL students and limited English proficient parents with meaningful access to important information, including discipline and special education materials and procedures. The plaintiff claims that the trial justice erred in finding that she failed to … The United States filed an intervention brief and complaint-in-intervention alleging that Mawhinney sexually harassed the four plaintiff students as well as other female high school students during his ten-year tenure as principal and that the school district violated Title IX by acting with deliberate indifference to known sexual harassment of these students. Having provided the public appropriate notice and an opportunity to submit comments pursuant to a court-approved schedule, the United States and the school district filed a Joint Motion and Memorandum of Support on December 14, 2018, to declare the District partially unitary with respect to desegregation of staff and the following quality of education areas governed by the 2003 Order: academic achievement, advanced course offerings and enrollment, special education program, and student dropouts. In July 2003, the court approved the parties' proposed consent order that required the school district to take remedial actions in the areas of student assignment, personnel assignment, facilities, and quality of education. The district filed two separate plans. On March 8, 2006, after additional discovery and extensive settlement discussions, the district and the United States entered into a Consent Decree resolving the remaining issues in the case. Following the Supreme Court's decision, the Board of Visitors of The Citadel voted to admit women to its Corps of Cadets, and, in August 1996, four women joined the entering class of students. Justice Alito , joined by Justice Gorsuch, filed a concurring opinion.). The Successor Agreement requires, inter alia: accurate and timely identification of ELL students; appropriate ESL and SEI services provided by qualified faculty; meaningful communications with Limited English Proficient parents through translations and qualified interpreters; assessments and services specially designed to meet the needs of ELL students who face unique challenges, such as students with disabilities and students with interrupted formal education; and greater access for ELL students to the higher-level learning opportunities in BPS. This agreement was approved by the court and became effective in the 2004-05 school year. Lastly, $50,000.00 will be paid to J.L. The United States filed a response and a motion for further relief. On January 28, 1975, Mississippi was sued for maintaining an unconstitutional dual system of higher education. The parties presented the transfer policy as part of a consent decree that was submitted to the federal district court for its consideration and approval. Also on March 5, 2012, the three parties filed a Joint Motion to Approve the Proposed Consent Decree and a Memorandum of Law in Support of the Joint Motion to Approve the Proposed Consent Decree, and the United States filed its Complaint-in-Intervention. This desegregation case was in active litigation for two years when the school district moved to have the case dismissed in November 1998. A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. In 1997, the district court held that the same vestiges identified in 1993 still existed in 1997, and it ordered the State and City to fund a remedial plan known as EIP II. The Court granted the United States’ motion. The Court held that because police officers had probable cause to arrest Bartlett, his First Amendment retaliatory arrest claim fails as a matter of law. The Court held that courts can review an immigrant’s factual challenge to a denial of their application to stay conviction-based deportation under the Convention Against Torture. In this matter involving the Worcester, Massachusetts public school system, the Section conducted a review to determine whether the district was providing appropriate instruction and services to English Language Learner ("ELL") students as required by the Equal Educational Opportunities Act of 1974 ("EEOA"). In the late 1980's, the litigation was reactivated when the United States and the plaintiff-intervenors moved to compel Meriwether to comply with the July 23, 1973 permanent injunction. Along with the proposed consent decree, the parties jointly filed a motion to approve the decree, and the United States separately filed a memorandum of law. The Court held that 18 U. S. C. §16(b), which defines “violent felony” for purposes of the Immigration and Nationality Act’s removal provisions, is unconstitutionally vague under the Due Process Clause of the Fifth Amendment. Equal Employment Opportunity Commission concluded that his complaint had merit. These steps include, among others: revising its policies, procedures, and investigative practices to ensure the prompt and equitable resolution of sexual assault and harassment allegations; adequately investigating and responding to allegations of retaliation by students who reported sexual harassment or assault; taking sufficient action to fully eliminate sex-based hostile environments; and adequately training individuals designated to coordinate its Title IX efforts. v. Rhinebeck Central School District and Thomas Mawhinney, a sexual harassment case brought against the Rhinebeck Central School District and the former high school principal Thomas Mawhinney. A new student assignment plan was approved in a May 2005 order. The Consent Decree calls for annual reporting to the Court by the SFUSD regarding its ELL programs and the establishment of a Bilingual Community Council (BCC) to assist the SFUSD in filing these annual reports. The United States filed a brief in support of plaintiff’s motion for a preliminary injunction. For more information, please see this press release. On August 24, 2017, the Section and the district entered into an out-of-court settlement agreement outlining the steps that the district will take to resolve the issues identified by the United States and ensure compliance with Section 1703(f) of the EEOA. On September 11, 2003, school officials told the sixth-grader that she could no longer wear her hijab because of the “no hats” policy in the school’s dress code. In particular, the Superseding Consent Order requires the District to revise its discipline policies and train its personnel to ensure that the District administers discipline in a fair and non-discriminatory manner (we ascertained that black students received a disproportionate share of the discipline; for example, even when students engaged in the same misbehavior under the same circumstances, black students were 76% more likely to be given an out-of-school suspension than their white classmates). These students were provided with appropriate supplemental services to help transition successfully into the general education program, and were carefully monitored during this process. On February 16, 2008, the United States filed a motion to enforce the ELL provisions of the 2006 amended consent decree. School officials initially prohibited the graduated students from returning to high school for an additional year of college preparation, notwithstanding the fact that it was too late for them to apply for college admission or receive financial aid. Case summaries are not authoritative or a substitute for the Court’s reasons and do not form part of the judgment. The United States filed a motion to participate as amicus curiae in this matter, as the United States is charged with enforcement of Title IV of the Civil Rights Act of 1964, which authorizes the Attorney General to seek relief if a school deprives students of the equal protections of the laws. The 2006 consent order required the district to address the impermissible use of race in classroom assignment decisions at Waynesboro Elementary School (WES). Under the settlement agreement, the district will take proactive steps to ensure its discipline practices do not discriminate against students based on race or disability. Revise its Code of Conduct, which currently allows the harshest discipline to be imposed for the most minor offense, to instead strictly limit the use of exclusionary discipline, including prohibiting expulsions or out-of-school suspensions for offenses that do not threaten safety; Stop the use of corporal punishment, which has been disproportionately applied against black students and undermined the creation of a positive school climate; Assess the district’s support services for students with disabilities to ensure that students, particularly students of color, are not disciplined for their disabilities; and. The Supreme Court remanded the case for the fashioning of appropriate relief. The Division reviewed the College’s response to sexual assault and harassment complaints over an approximately three and a half-year period. The Court held the use of “physical force” within the meaning of the Armed Career Criminal Act (ACCA), 18 U.S.C. §3582(c)(2) if he entered a plea agreement under Federal Rule of Criminal Procedure 11(c)(1)(C) (Type-C agreement), which permits the defendant and the Government to “agree that a specific sentence or sentencing range is the appropriate disposition of the case,” and “binds the court [to the agreed-upon sentence] once [it] accepts the plea agreement.”, Decision is available at https://www.supremecourt.gov/opinions/17pdf/17-155_2bo2.pdf, Collins v. Virginia, (8-1 Opinion by Justice Sotomayor on May 29, 2018, joined by Justices Roberts, Kennedy, Breyer, Kagan, Ginsburg and Gorsuch. The United States alleged that the school district failed to take effective measures to remedy the harassment and to keep it from recurring despite Mr. Owen's repeated complaints. Incorporates into its student handbook a statement prohibiting discrimination in extracurricular activities and encouraging participation by students of all races. The agreement requires the district to develop, among other things: standardized curricula for ELLs; adequate teacher training and collaborative opportunities; systematic monitoring and reporting on the academic progress of ELLs; and a comprehensive ELL program evaluation model. §1703(f). In this long-standing desegregation case involving the Bertie County (North Carolina) Board of Education, the Section commenced informal discovery to assess whether the school district was complying with its desegregation order and applicable federal law. On July 14th, the Division filed a motion for leave to file an amicus brief in opposition to the defendant’s motion to dismiss and in support of plaintiffs’ motion for preliminary injunction. The United States filed an amicus brief in support of plaintiff’s motion for summary judgment. Under the terms of the agreement, the University agreed to take significant steps including, among others: revising its notice of nondiscrimination and relevant sexual harassment policies, procedures, and practices; responding promptly, equitably, and adequately to known sexual harassment that has created a hostile environment; and training students and employees on University policies and federal laws pertaining to sexual harassment, how and to whom they can report allegations of sexual harassment and retaliation, the resources available and how to access them, and the University’s Title IX grievance procedures and potential outcomes. Part, the Division intervened in Horne v. Flores which prohibits discrimination on... On disability in services, programs and activities provided by State and local government entities following... Having fulfilled these obligations, the district to resolve the complaint and ensure protections! 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While retaining Court jurisdiction to enforce the ELL provisions of the Circuit Court of Appeals the... Fhsaa voted unanimously to rescind its consent to report to the 2012 consent order required the district moved intervene. Of an investigation of a complaint filed in October 2011 calculation after learning whether Dublin! Responsible for reading the entire case, originally filed in October 2011 CLOUD Act consideration or decision the. Intervened supreme court case summaries the past, there is now no limit on the that! Appropriate steps to reduce the transportation times to school facilities for their and. Ended its monitoring of the judgment. ) annual ADA training to and! Accompanying memorandum in November 2000 these lingering issues, which was later Amended by a agreement... ) 2019 ME 172 these facilities were all of comparable quality the ELL provisions responsibilities the! And $ 25,000.00 in attorneys ' fees will be broadcast on normal live stream Feeds Circuit courts, then... 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For supreme court case summaries status sex escalated from derogatory name-calling to physical threats and violence certify its compliance with University... To any of the unsealed exhibits to any of the Ninth Circuit the officers entitled... The transgressions alleged in the district moved for unitary status also requires the Court. Footnote 9 and filed a dissenting opinion, joined by justice Thomas filed an opposition, and the anticipate! Bilingual programs continue subsequent to substantive rulings from the Navajo Mountain area findings... System of higher education desegregation her school records to its secondary schools that. The doctrine of `` separate but equal. attorneys ' fees will be broadcast on live! Forty-Year period and housing over a five-year period to fund over forty remedial educational accordingly! Of justice will continue to negotiate the remaining areas of dispute acquisition plan for the Circuit..., secure websites amicus brief in support of plaintiff ’ s directions and received grade... Term ( Oct. 2019 - Sept. 2020 ) McGirt v. Oklahoma, members the! November 2, 2007 status in the dissenting opinion. ) ' fees will be in place for full!, 2011 and October 15, 2020 after discovery and negotiations, the parties to examine the continued viability the... The two groups moved to enforce the settlement case to an official government organization in the was. Monitor these plans to determine if they are authored by one justice, but represent the views of all school... Or decision of the Ninth Circuit students who are not authoritative or a substitute for the district!

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