C.W. v. Capistrano Unified Sch. Dist., No. 12-57315 (9th Cir. 2015)
Annotate this CaseC.W. was eligible for special education services and was in a special day class within the Capistrano Unified School District. K.S. consented to an occupational therapy assessment for C.W. K.S. then requested an independent assessment at public expense based on her disagreement with the occupational therapy report. The District denied the request and then initiated a due process hearing before an administrative law judge (ALJ). The ALJ concluded that the District’s assessment was appropriate. K.S. appealed, claiming violations of the Individuals with Disabilities Education Act (IDEA), Americans with Disabilities Act (ADA), 42 U.S.C. 1983, and Rehabilitation Act. The federal district court affirmed the ALJ’s decision and awarded the District attorney’s fees and costs. The Ninth Circuit affirmed in part and reversed in part, holding (1) the ADA and section 1983 claims were frivolous, and therefore, the district court correctly awarded attorney’s fees and costs for representation relating to those claims; but (2) the IDEA and Rehabilitation Act claims were not frivolous and/or brought for an improper purpose, and therefore, the district court erred in awarding attorney’s fees and costs related to the litigation of those claims.
Court Description: Attorney’s Fees. The panel affirmed in part and reversed in part the district court’s award of attorney’s fees and costs to Capistrano Unified School District as the prevailing defendant in an action alleging violations of the Individuals with Disabilities Education Act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and 42 U.S.C. § 1983. The panel agreed with the district court that the ADA and § 1983 claims were frivolous, and affirmed the district court to the extent it awarded attorney’s fees and costs for representation relating to those claims. The panel concluded that the claims lacked any legal foundation, and the result was obvious. The panel disagreed with the district court that the IDEA and Rehabilitation Act claims were frivolous and/or brought for an improper purpose, and it reversed the district court to the extent it awarded attorney’s fees and costs related to the litigation of those claims under 20 U.S.C. § 1415(i)(3)(B). The panel referred the case to the Appellate Commissioner for a determination of which fees were attributable solely to litigating the frivolous ADA and § 1983 claims. C.W. V. CAPISTRANO UNIFIED SCH. DIST. 3 Judge Reinhardt concurred in part and dissented in part. He agreed with the majority that the claims under the IDEA and the Rehabilitation Act were not frivolous and that none of the claims was brought for an improper purpose. Disagreeing with the majority, Judge Reinhardt wrote that the ADA and § 1983 claims, which were based on the same facts as the Rehabilitation Act claim, were not frivolous.
The court issued a subsequent related opinion or order on April 9, 2015.
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