United States Second Circuit

In light of the Supreme Court-s rejection of the "catalyst theory" of recovery in Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources, 532 U.S. 598, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001), a plaintiff who obtained summary judgment in an action brought under the Individuals with Disabilities Education Act, 20 U.S.C. # 1415(i)(3)(B) (1999), could not be considered the "prevailing party," thus the district court-s award of attorney-s fees to the plaintiff was improper.

Appellate Information

• Argued 11/08/2001
• Decided 01/25/2002
• Published 01/25/2002

Judges

• B.D. PARKER, Circuit Judge., Before:  MINER, STRAUB, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Arthur A. Smith, Mansfield Center, CT, for Amicus Curiae Education Law Project, Inc., Bruce A. Goldstein, Bouvier, O'Connor, LLP, Buffalo, NY, for Amicus Curiae Bouvier, O'Connor, LLP.


• For Appellees:
  
• Winona W. Zimberlin, Hartford, CT, for Plaintiff-Appellee/Cross-Appellant J.C. ByHis Parents and Next Friend, Mr. and Mrs. C., William R. Connon, Sullivan, Schoen, Campane & Connon, LLC, Hartford, CT, (Mark J. Sommaruga, on the brief), for Defendant-Appellant/Cross-Appellee Regional School District 10, Board of Education.