BILL M. EX REL. WILLIAM M. v. NEBRASKA H.H.S.

No. 08-2586.

570 F.3d 1001 (2009)

BILL M., by and through his father and natural guardian, WILLIAM M., and on behalf of themselves and all other persons similarly situated; John Doe, by and through his mother and natural guardian, Jane Doe, and on behalf of themselves and all other persons similarly situated; Heather V., by and through her mother and guardian, Marcia V., and on behalf of themselves and all other persons similarly situated; Jane S., by and through her mother and natural guardian, Patricia S.; Kevin V., by and through his mother and legal guardian, Kathy V.; Jennifer T., by and through her parents and legal guardians, Sharon and Greg T.; Leslie H.; Catherine M.; Stephanie B.; Conrad J., by and through his legal guardian, C.W.J.; Christopher H., by and through his legal guardian, Sue H.; Michael R., Appellants, v. NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES FINANCE AND SUPPORT; Nebraska Department of Health and Human Services; Richard Nelson, in his official capacity as the Director of Nebraska Department of Health and Human Services Finance and Support; Nancy Montanez, in her official capacity as the Director of Nebraska Department of Health and Human Services, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 2, 2009.


Attorney(s) appearing for the Case

Julianne M. Spatz, David W. Rowe and Vanessa J. Gorden, Lincoln, NE, for appellant.

Michael John Rumbaugh, AAG, Lincoln, NE, for appellees.

Before WOLLMAN, BRIGHT, and COLLOTON, Circuit Judges.


COLLOTON, Circuit Judge.

The appellants, a group of developmentally disabled Nebraska residents, filed an action in the district court1 against several Nebraska state agencies and officials, alleging violations of federal law. The case was settled, and the central question on appeal is whether each of the plaintiffs was a "prevailing party" in the action, such that the plaintiffs were entitled to attorneys' fees. The district court held...

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