C.W. v. Capistrano Unified Sch. Dist.

A panel of the Ninth Circuit filed an amended opinion in this dispute regarding attorney’s fees. In the amended opinion, the panel affirmed in part and reversed in part the district court’s award of attorney’s fees and costs to Capristrano Unified School District as the prevailing defendant in an action brought by the mother of a special education student alleging violations of the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), the Rehabilitation Act, and 42 U.S.C. 1983. The panel (1) agreed with the district court that the ADA and section 1983 claims were frivolous and affirmed the award of attorney’s fees and costs for representation relating to those claims; and (2) disagreed with the district court that the IDEA and Rehabilitation Act claims were frivolous and/or brought for an improper purpose and reversed the district court to the extent that it awarded attorney’s fees and costs related to the litigation of those claims. The cause was remanded. The panel also filed an order amending the opinion, denying a petition for rehearing and a suggestion for rehearing en banc, and directing the mandate to issue forthwith. View "C.W. v. Capistrano Unified Sch. Dist." on Justia Law