DISTRICT OF COLUMBIA v. STRAUS

No. 09-7051.

590 F.3d 898 (2010)

DISTRICT OF COLUMBIA, A Municipal Corporation, Appellant v. John A. STRAUS and James E. Brown & Associates, PLLC, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 8, 2010.


Attorney(s) appearing for the Case

Carl J. Schifferle, Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellant. With him on the briefs were Peter J. Nickles, Attorney General, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General.

Roxanne D. Neloms argued the cause for appellees. With her on the brief was Tilman L. Gerald.

Arthur B. Spitzer, Caroline M. Brown, and Roger A. Ford were on the brief for amicus curiae the American Civil Liberties Union of the National Capital Area in support of appellees.

Opinion for the Court filed by Circuit Judge TATEL.


TATEL, Circuit Judge:

Relying on the fee-shifting provision contained in the Individuals with Disabilities Education Act (IDEA), the District of Columbia seeks fees from a lawyer who, on behalf of a special needs student, initiated administrative proceedings that were eventually dismissed as moot. The district court denied an award of fees on the ground that the District failed to qualify as a "prevailing party" under the IDEA as defined by the Supreme Court in

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