Cases Awaiting Final Decisions during the New Supreme Court Term

The United States Supreme Court, the highest court in America, makes the ultimate decisions regarding all legal and constitutional disputes, both criminal and civil, in the country. On the first Monday in October 2016, the Supreme Court started a new term.  During the new term, the high court will hear and decide several cases, including Manuel v. City of Joliet, Moore v. Texas, Nelson v. Colorado, Endrew v. Douglas City School District, and Fry v. Napoleon Community Schools.

Three of these five cases concern possible violations of constitutional rights; two concern issues pertaining to disabilities and education.  Manuel v. City of Joliet, Illinois concerns the Fourth Amendment of the United States Constitution. Broadly speaking, the Fourth Amendment guarantees U.S. citizens and residents protection against unreasonable searches and seizures.  In this case, the Court will answer the question: Does the Fourth Amendment apply after legal proceedings have concluded and thus provide protection against malice-oriented prosecution?  The First, Second, Third, Fourth, Fifth, Sixth, Ninth, Tenth, Eleventh, and District of Columbia Federal Circuit Courts have ruled that the Fourth Amendment does indeed provide protection against malice-oriented prosecution; however, the Seventh Circuit Court disagreed and ruled otherwise.

In Moore v. Texas, the questions before the Supreme Court are twofold: 1) Do disallowing the use of current intellectual disability standards and mandating the use of old intellectual disability standards violate the Eighth Amendment’s protection against cruel and unusual punishment?  2) Does executing condemned individuals with disabilities constitute as cruel and unusual punishment? The Texas state habeas court partly ruled that executing intellectually-disabled individuals does indeed constitute cruel and unusual punishment and thus violates the Eighth Amendment; however, the Texas state Court of Criminal Appeals ruled otherwise.

Colorado and some other states impose financial penalties on convicted criminals, but Colorado does not refund the costs of the financial penalties when a conviction is reversed.  In Nelson v. Colorado, the question being brought to the Supreme Court is: Does requiring proof of innocence to acquire refunds violate the right to due process as guaranteed by the Fifth Amendment?  A Colorado trial court ruled that it did not have the power to order refunds while a Colorado state appellate court ruled that former defendants must be offered refunds automatically. Nevertheless, the Colorado state Supreme Court ruled that requiring proof of innocence to acquire refunds does not violate the Fifth Amendment, as automatic refunds are not part of due process.

Federal laws, such as the Individuals with Disabilities Education Act (IDEA) of 2004, require that schools, colleges and universities assist, support, and accommodate students with disabilities. However, in Endrew v. Douglas County School District of Colorado, how much assistance, support, and accommodation schools should provide is disputed.  The parents of an autistic child argued that the Colorado public school was not providing the proper amount of assistance, support, and accommodation their son needed, and the school district asserted otherwise.  The U.S. Tenth Circuit Court of Appeals in Denver sided with the school district and ruled that the school provided the proper amount of assistance, support, and accommodation.

The Handicapped Children’s Protection Act (HCPA) of 1986 dictates that states must use resources to offer relief options not necessarily covered by the IDEA. However, in Fry v. Napoleon Community Schools, the lower courts have disagreed on whether the HCPA applies to lawsuits based on the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990 and whether the HCPA can provide remedies not covered by the IDEA.

How the Supreme Court will rule on these five cases remains to be seen.  Decisions likely will come down by June 2017

If you are in legal trouble, you have rights and legal remedies. If you have questions about America’s laws and legal procedures, talk to a lawyer. For more information and to have your questions answered, contact Nashville Attorney Perry A. Craft.