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J.C. v. Regional School District 10, Board of Education

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Argued: November 8, 2001

Defendant appeals from a judgment of the United States District Court for the District of Connecticut (Gerard L. Goettel, Judge), granting Plaintiff summary judgment and awarding attorneys’ fees pursuant to the Individuals with Disabilities in Education Act, 20 U.S.C. � 1415(i)(3)(B), on the ground that Plaintiff was a prevailing party under the catalyst theory of recovery. Because the Supreme Court rejected the catalyst theory 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), we reverse and remand.

Regional School District 10, Board of Education (“the Board”) appeals from a judgment of the United States District Court, District of Connecticut, entered September 28, 2000. The District Court granted summary judgment and awarded attorneys’ fees to J.C. pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. � 1415(i)(3)(B) (1999) (“IDEA” or “the Act”), on the ground that J.C. was a prevailing party under the catalyst theory of recovery, applicable at the time under the law of this and other circuits. J.C. v. Reg. Sch. Dist. No. 10, 115 F. Supp. 2d 297 (D. Conn. 2000).

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