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CIR case finder
Query: All cases
Aguilar v. Avis Rent-A-Car
Filed amicus brief contesting court-ordered injunction prohibiting 'offensive' epithets in the workplace as unlawful prior restraint of constitutionality protected speech.
Status: Loss
AHDC v. Fresno
Defended neighborhood homeowner sued by low-income housing developer for federal housing discrimination because of statements made regarding proposed housing project.
Status: Victory. Ninth Circuit ruled citizen speech protected by First Amendment.
BAMN et al. v. University of Michigan
Representing Eric Russell, a 2007 applicant to several Michigan law schools. Multiple parties sought to challenge or delay Michigan's Proposal 2, a ballot initiative outlawing racial or gender preferences. The Governor, Attorney General, and governing bodies of three universities all stipulated to the suspension of Prop. 2's application to the universities' admissions and financial aid policies until July 2007. A district court upheld the constitutionality of Prop. 2, but on appeal, the Sixth Circuit held that Prop 2 violated the Equal Protection Clause.
Status: Pending. The Attorney General has filed a motion for rehearing en banc before the entire U.S. Court of Appeals for the Sixth Circuit
BAMN v. Brown
Filed amicus brief in case brought by BAMN challenging the constitutionality of California's Prop, 209, a ballot initiative that bans the use of racial preferences. CIR's brief argues that the plaintiffs lack standing to challenge Prop. 209.
Status: Pending
Boulahanis v. Board of Regents, Illinois State University
Represented Illinois State men's athletic teams eliminated to achieve rates of participation identical to the proportion of men and women in the undergraduate population, regardless of student interest.
Status: Loss
Camreta v. Greene
Amicus brief filed supporting the mother of a child who was seized at school without parental consent in a suit against a social worker and county sheriff.
Status: Vacated and remanded. The case was moot because the child was nearly 18 and had moved, and the appropriate disposition was to vacate the part of the court of appeals' opinion that addressed the Fourth Amendment issue.
Columbia Union College v. Oliver
Represented a private college affiliated with Seventh-day Adventist church in lawsuit challenging Maryland's refusal, solely because of college's religious speech and beliefs, to accord financial aid benefits extended to other private colleges.
Status: Victory
Dale v. Boy Scouts
Filed amicus brief urging U.S. Supreme Court to set aside ruling by the New Jersey Supreme Court that the Boy Scouts had no First Amendment right to preclude homosexuals from attaining leadership positions.
Status: Victory
Deborah Morse, Juneau School Board v. Joseph Frederick
Filed amicus brief in student free speech case involving an out-of-school display of a banner containing the words "Bongs for Jesus."
Status: Loss. Supreme Court ruled that schools may restrict speech supporting illegal drug use.
Deming v. University of Oklahoma
Defended geology professor against 'sexual harassment' complaints based upon letter to the editor of college newspaper on matter of public concern.
Status: Settled in Prof. Deming's favor
Department of Human Services re Zoey and Lyric Mays v. Phillips
CIR filed an amicus brief on behalf of Wali Phillips, a Michigan father whose parental rights were terminated without any finding that he was an unfit parent.
Status: Pending. The Michigan Supreme Court will hear oral arguments in October 2011.
Doe v. Dept. Health and Human Services
Challenged exclusion of Caucasian youth from minorities-only summer study program funded in part by the National Institute of Health and Texas A&M University.
Status: Settled in client's favor
Dynalantic v. U.S. Dept. of Defense
Challenging federal government contracting '8(a)' minority set-aside program on behalf of manufacturer of military flight simulators.
Status: Pending. In 2009, the court granted the government's motion to further supplement the record with evidence. The proceedings are still pending in the district court.
Father Flanagan's Boys Home v. District of Columbia
Defended First Amendment rights of Washington, DC community activists facing a civil rights lawsuit intended to silence their peaceful opposition to a housing project.
Status: Victory
Florida v. HHS
Filed amicus briefs in case challenging individual mandate portion of the Patient Protection and Affordable Care Act of 2010, more popularly known as "ObamaCare"
Status: pending
Friedrichs v. Calif. Teachers Assoc. et al
Suit challenging constitutionality of compusory union dues
Status: Pending
Gee v. Humphries
Challenged state college's suspension and termination of Gerald Gee, a white professor who was said to have "harassed" students at historically black Florida A&M University. Gee used the phrase "nigger mentality" in a conversation with students, which he prefaced by explaining it was a popular phrase.
Status: Loss
Gratz v. Bollinger
Challenged racial preferences in student admissions at the University of Michigan College of Literature, Sciences, and the Arts.
Status: Victory
Grutter v. Bollinger
Challenged racial preferences in student admissions at the University of Michigan Law School.
Status: Loss
Hendrickson v. IRS
Challenged IRS' effort to investigate a book as an "abusive tax shelter".
Status: Victory: All IRS subpoenas withdrawn
Hinkle v. Baker
Represented student punished for "disruption" after attempting to post flier advertising talk by black conservative author Mason Weaver
Status: Victory. University settled on terms favorable to student.
Hopwood v. State of Texas
Challenged racial preferences in student admissions in landmark case against University of Texas Law School.
Status: Victory
Jacob v. Ind. Sch. Dist. No. 625
Challenged minority set-aside in public elementary magnet school.
Status: Settled in client's favor
Juan Carlos Vera v. James O'Keefe, Hannah Giles, and Does 1-20; US v. Robert Flanagan, Joseph Basel, James O'Keefe, and Stan Dye; ACORN, Tonja Thompson, and Shera Williams v. James O'Keefe, et al.; Katherine Conway-Russell v. James O'Keefe
Representing citizen journalist James O'Keefe, who videotaped encounters with the employees of ACORN and Louisiana Senator Mary Landrieu.
Status: Pending. The Maryland case was dismissed, the Pennsylvania case was settled, O'Keefe entered into a plea agreement in the New Orleans case, and the California case is pending in the district court.
Lamprecht v. FCC
Challenged gender preference in the awarding of radio licenses.
Status: Victory before D.C. Circuit, case settled on remand.
LaRoque, et al. v. Holder
Constitutional challenge to Section 5 of the Voting Rights Act of 1964 on behalf of group of Kinston, NC citizens
Status: Pending. The plaintiffs and the government have filed cross motions for summary judgment.
Lyle v. Warner Brothers Television Production et al., No. S125171
Filed amicus brief urging California Supreme Court to overturn a ruling that discussion of sexual themes in writers' meetings for the television show 'Friends' created a hostile work environment and is not protected by the First Amendment.
Status: Victory.
Maas v. Cornell University
Contested, on contractual and other grounds, private university's sanctions against professor over ill-founded sexual harassment charges.
Status: Loss
Maitland v. University of Minnesota
Challenged distribution of $3 million to female faculty members to remedy alleged gender disparities in salary.
Status: Victory. University agreed not to determine salaries on the basis of gender.
McConnell v. LeMoyne
Defended graduate student dismissed by school for expressing traditional views concerning classroom teaching style in a course paper.
Status: Victory. New York appellate court ordered immediate reinstatement.
Miami University Wrestling Club v. Miami University
Challenged elimination of men's athletic teams to achieve gender participation rates proportional to undergraduate population.
Status: Loss
Mueller v. Auker, et al.
Challenged the lack of constitutional protections in Idaho child protective laws for parents to direct the medical treatment of their minor children.
Status: Pending. Prior to trial, the state defendants settled. At the conclusion of the trial, the jury rendered a verdict in favor of the remaining defendants. CIR's appeal to the U.S. Court of Appeals for the Ninth Circuit is pending.
Ng et al v. New York City Dept. of Education
CIR sued the NYC Department of Education on behalf of Asian and white parents whose children were not allowed to apply for a free program designed to help prepare middle school students for the admissions tests to New York's elite public high schools.
Status: Victory: case settled on favorable terms
Operation King's Dream v. Ward Connerly
Defended Michigan Civil Rights Initiative against challenge filed under federal Voting Rights Act. Victory before District Court; 6th Circuit upheld the District Court's ruling that BAMN could not demonstrate a violation of the Voting Rights Act.
Status: Victory
Parents Involved v. Seattle School District No. 1
CIR filed amicus brief in case challenging race-based school assignment plan.
Status: Victory. 5-4 majority struck down racial balancing plan
Perez v. Posse Comitatus
Successfully defended freedom of speech for Long Island, NY community group sued because of its peaceful opposition to illegal immigration.
Status: Victory
Project Vote v. MonCrief
Defending free speech rights of ACORN whistleblower against unfounded lawsuit by former employer intended to silence her public criticism of misdeeds of national voter registration and community organizing entities.
Status: Victory: case settled on favorable terms
Rau and Katapadi v. NYC Dept. of Education
Represented student in challenge to racial quota in admissions at Mark Twain Intermediate School.
Status: Victory. City agreed to eliminate racial quota.
Raykin v. Arapahoe County Department of Human Services et al.
CIR sued the Arapahoe County Department of Human Services and several employees when they seized Joshua Raykin and kept him from his family for over a week based on unsubstantiated abuse claims.
Status: Victory. Shortly after filing suit, county officials agreed to settle the case on terms favorable to the Raykins.
Reno v. Bossier Parish School District
Successfully rebuffed Department of Justice attempt to equate failure to maximize minority voting strength through racial gerrymandering with discrimination under the Voting Rights Act.
Status: Victory
Ricci v. DeStefano
CIR filed amicus briefs in case challenging New Haven Connecticut decision to cancel results of firefighter hiring test due to political pressure from individuals advocating greater minority hiring.
Status: Pending
Rosenberger v. Rectors of the University of Virginia
Challenged the denial of funding to Wide Awake, a religious student newspaper, which was denied student funds because it espoused a religious point of view.
Status: Victory
Rumsfeld v. FAIR
Filed a friend of the court brief with the United States Supreme Court urging it to uphold the Solomon Amendment, which requires colleges and universities to provide equal access to military recruiters as a condition of receiving federal funds.
Status: Victory
Russell v. Brandon, et al.
Class action lawsuit that asked Michigan state court to order immediate implementation of new amendment to Michigan Constitution barring the use of racial preferences by state agencies.
Status: Case withdrawn when state schools agreed to implement new amendment.
Silva v. University of New Hampshire
Professor Silva ran afoul of a University speech code for using a sexual metaphor in class.
Status: Victory
Smith v. University of Washington
Challenged racial preferences in student admissions at the University of Washington Law School.
Status: Loss
Smith v. Virginia Commonwealth University, et al.
Represented 15-year-old high school student who applied and was accepted to a summer journalism workshop, only to be informed shortly thereafter that she couldn't attend because she was white.
Status: Victory. Case settled on favorable terms.
Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, et al.
Filed an amicus brief arguing that the U.S. Army Corps of Engineers migratory bird rule set forth pursuant to the Clean Water Act is an unconstitutional exercise of Congress' authority to regulate interstate commerce.
Status: Court rejected rule on other grounds
State of Florida et. al. v. United States Department of Health and Human Services
Supporting states and invididuals opposing the Affordable Care Act on the basis that Congress lacks the authority under the Commerce Clause to require individuals to purchase health insurance.
Status: Pending. Cross appeals to the Eleventh Circuit pending.
Sypniewski v. Warren Hills Regional Board of Education, et al.
Defended high school student suspended for wearing 'redneck' t-shirt.
Status: Victory. Plaintiff's motion to dismiss remaining claims was granted.
Tompkins v. Alabama State University
Challenged court mandated 'whites only' scholarship at traditionally black university.
Status: Victory
U.S. v. Morrison
Defended student athlete in civil suit against ill-founded charges of rape. Successfully challenged portions of 1994 Violence Against Women Act as unconstitutional exercise of Congress's authority under the Commerce Clause and Section 5 of the Fourteenth Amendment.
Status: Victory
U.S. v. NYC Bd. of Ed.; Brennan v. Mukasey, Miranda v. NYC Bd. of Ed.
Challenging proposed consent decree in ongoing litigation between U.S. Department of Justice and the New York City Board of Education over alleged discrimination in recruitment, hiring and promotion of custodians in the New York City school system.
Status: Pending. Second Circuit vacated the decision in part, affirmed in part, and remanded to the District Court.
U.S. v. Szoka
Defended owner of low power, non-commercial radio station in 'cease and desist' prosecution brought against him by Federal Communications Commission.
Status: Loss
Waltz v. Brumfield et al
CIR sued several officials of the California Department of Fair Employment and Housing ("DFEH") on behalf of California resident Julie Waltz. The suit alleged that state officials used a housing discrimination investigation to stifle criticism of its policies relating to the placement of sex offenders in residential neighborhoods.
Status: Victory. Case settled on favorable terms.
White v. Lee
Successfully set precedent against threats of prosecution by officials of the Department of Housing and Urban Development leveled at private citizens who organized peaceful protests against federally supported housing programs.
Status: Victory
Willand v. North Hennepin Community College
Challenged college speech code and computer policy.
Status: Victory
Wolk v. Olson, et al.
Representing Theodore Frank and David Nieporent, bloggers being sued for defamation over a blog item published on Overlawyer.com.
Status: Victory. While the case was pending in the Third Circuit, the plaintiff agreed to settle the case on terms favorable to our client.
Worth v. Jackson
Challenged racial quotas in hiring and promotion at the U.S. Department of Housing and Urban Development (HUD).
Status: Loss.
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revised: September 14, 2013
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