No. 22-6282

Ileen Cain v. Mercy College, et al.

Lower Court: Second Circuit
Docketed: 2022-12-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights cybercrime department-of-education due-process free-speech higher-education sexual-assault title-ix vawa-reauthorization violence-against-women
Latest Conference: 2023-02-17
Question Presented (from Petition)

In the matter of United State v. Morrison, 529 U.S. 598 (2000) the Violence Against Women Act civil remedy was invalidated. In March of 2022 the Violence Against Women Reauthorization Act established a civil remedy Sec. 1309 which prohibits intimate images of an individual illustrated without their consent, The VAWA implemented Sec. 1401 Cybercrimes using an electronic device e.g. a computer, phone or tablet to harass, stalk, coerce and or cause a student fear.

[1] Can this Court validate the strengthened VAWA Reauthorization Act 2022 Sec 1401 1309 and the Department of Education clause that mandate institutions of higher education implement and adhere to Policy and Procedure that prohibit, sexual assault, dating violence, domestic violence and stalking.

[2] Whether under the strengthened VAWA Sec. 1401 cybercrimes can this Court find that Mercy College violated Policy and Procedure mandated by the Department of education and violated their own implemented Policy and Procedure on cyberstalking/stalking

[3] Whether Ileen Cain v. Mercy College is ripe for judicial review as it pertains to cybercrime cyberstalking/stalking on campuses in higher education, pursuant to 34 U.S.C. stalking " as defined in 34 U.S.C. 12291 (a)(30).

Question Presented (AI Summary)

Whether the Violence Against Women Reauthorization Act 2022 Sec 1401 1309 and the Department of Education clause that mandate institutions of higher education implement and adhere to Policy and Procedure that prohibit sexual assault, dating violence, domestic violence and stalking can be validated

Docket Entries

2023-02-21
Petition DENIED.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2023-01-10
Waiver of right of respondent Mercy College, et al. to respond filed.
2022-12-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 11, 2023)
2022-08-03
Application (22A94) granted by Justice Sotomayor extending the time to file until December 5, 2022.
2022-07-25
Application (22A94) to extend the time to file a petition for a writ of certiorari from October 4, 2022 to December 3, 2022, submitted to Justice Sotomayor.

Attorneys

Ileen Cain
Ileen Cain — Petitioner
Mercy College, et al.
Jeffrey S. KramerLock Lord, LLP, Respondent