Case: Porter Smith v. Michigan Department of Corrections, et al., No. 25-1028
Lower Court: Sixth Circuit
Docketed: 2026-02-27
Status: Pending
Question Presented: Whether Section 504 of the Rehabilitation Act, 29 U.S.C. 794, authorizes a private right of action for retaliation.
On February 19, 2026, petitioner Porter Smith, represented by attorney Daniel L. Geyser, filed a petition for a writ of certiorari asking the Supreme Court to resolve whether Section 504 of the Rehabilitation Act permits individuals to bring private retaliation claims. The response from the Michigan Department of Corrections is due March 30, 2026, and the case has not yet been distributed for conference.
Section 504 prohibits discrimination against individuals with disabilities by federally funded programs. The statute’s text does not expressly mention retaliation, and the question of whether such a claim can be implied from the statute’s structure remains unresolved.
The question presented sits at the intersection of implied rights of action doctrine and disability rights law. Whether the Court grants review will depend partly on how clearly defined any disagreement among lower courts is and whether the United States weighs in through an amicus brief.
The answer matters practically for disabled individuals who allege they were punished for asserting their rights under Section 504. Without a recognized retaliation claim, enforcement of the statute’s core protections could be weakened. Observers should watch the docket for the respondent’s brief and any indication of Solicitor General involvement, both of which will shape the Court’s certiorari calculus.