United States First Circuit
MAINE SCH. ADMIN. DIST. NO. 35 v. MR. & MRS. R., 01-1714, 02-1312
Parents who successfully resist, in an independent legal action, the overturning of a stay-put placement on the ground of alleged dangerousness of a child with disabilities are considered prevailing parties under the Individuals with Disabilities Education Act's fee-shifting provision. A compensatory education claim was viable.
Appellate Information
- Decided 02/24/2003
- Published 02/24/2003
Judges
- SELYA, Circuit Judge., Before SELYA, Circuit Judge, FARRIS, Senior Circuit Judge, and HOWARD, Circuit Judge.
Court
- United States First Circuit
Counsel
- For Appellant:
- Richard L. O'Meara, with whom Amy M. Sneirson and Murray, Plumb & Murray were on brief, for appellants.
- For Appellees:
- Eric R. Herlan, with whom Drummond Woodsum & MacMahon were on brief, for appellee.