United States Ninth Circuit
Oscar v. Alaska Dept. of Edu. And Dev., 07-35795
In an suit under the Individuals with Disabilities Education Act (IDEA) and 42 U.S.C. section 1983, the award of attorney fees to defendant is reversed and vacated because the district court's dismissal without prejudice does not confer prevailing party status on defendant.
Appellate Information
- Argued 08/07/2008
- Decided 09/03/2008
- Published 09/03/2008
Judges
- D.W. NELSON, Senior Circuit Judge:, Before: D.W. NELSON, A. WALLACE TASHIMA, and RAYMOND C. FISHER, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Megan K. Allison, David C. Fleurant and Jacob C. Kammermeyer, Disability Law Center of Alaska, Juneau, AK, for the plaintiff-appellant.
- For Appellees:
- Stephen C. Slotnick, Assistant Attorney General, Juneau, AK, for the defendant-appellee.