
The U.S. Supreme Court is set to hear arguments in two significant cases this week. The first case, A.J.T. v. Osseo Area Schools, focuses on the evidentiary standard required for students to pursue claims under the Americans with Disabilities Act (ADA) in public schooling. The case arises from a dispute involving Gina and Aaron Tharpe, whose daughter Ava, who has epilepsy and cognitive impairment, was allegedly not provided adequate accommodations by the Osseo Area School District. The family argued that the school failed to meet Ava's needs, leading to a lawsuit under the ADA and Section 504 of the Rehabilitation Act. The school district maintained that it did not act in 'bad faith or gross misjudgment,' a standard some courts have applied to such cases. The Supreme Court's decision could clarify the standard of proof required in these situations, potentially affecting hundreds of similar cases nationwide. The second case, Martin v. United States, involves a family's lawsuit against the FBI following a mistaken raid on their home in Atlanta in 2017. The raid, part of the FBI's 'Operation Red Tape,' involved a no-knock warrant executed by a SWAT team using flash-bang grenades. The agents mistakenly entered the home of Trina Martin, her then-boyfriend Toi Cliatt, and her son Gabe Watson, causing significant trauma and damage. The key issue is whether victims of such raids can sue the federal government for damages under the Federal Tort Claims Act. The government argues that the agents were exercising discretion in a high-stakes situation, while the family's lawyers contend that such raids should not be protected under the discretionary function exception of the Act. The Supreme Court's ruling could impact the ability of victims to hold federal law enforcement accountable for similar errors.







Dir. Patel, An FBI SWAT team raided my clients’ home in 2017 without checking the address. It was the wrong house. Today, DOJ told the Supreme Court that FBI agents have discretion to raid the wrong house. Do you agree? If so, should we take your stance on SWATting seriously? https://t.co/8JK51hblmC
Supreme Court signals narrow path forward in mistaken FBI raid case https://t.co/ocFj39aNAl
Tomorrow, my colleague Jim Campbell will argue a case at SCOTUS for school choice and against religious discrimination in education.