J.S. v. NEW YORK STATE DOCCS

Docket No. 21-2447 August Term, 2022.

76 F.4th 32 (2023)

J.S., Plaintiff-Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 3, 2023.


Attorney(s) appearing for the Case

Julie M. Keegan ( Benjamin Taylor , on the brief), Disability Rights New York, Rensselaer, NY ( Andrew Stecker & Maria E. Pagano , Prisoners' Legal Services New York, Buffalo, NY, on the brief), for Plaintiff-Appellant J.S.

Kevin Hu ( Barbara D. Underwood , Victor Paladino , Jennifer L. Clark , on the brief), for Letitia James, Attorney General for the State of New York, Albany, NY, for Defendant-Appellee New York State Department of Corrections and Community Supervision.

Ellen Saideman , Law Office of Ellen Saideman, Barrington, RI, for Amici Curiae Council of Parent Attorneys and Advocates; National Disability Rights Network; Disability Rights Education & Defense Fund; Disability Law Project, Vermont; Disability Rights Connecticut.

Before: Cabranes, Carney, and Robinson, Circuit Judges.


The fee-shifting provision of the Individuals with Disabilities Education Act ("IDEA") permits a court, in its discretion, to award reasonable attorneys' fees and related costs to "a prevailing party who is the parent of a child with a disability." 20 U.S.C. § 1415(i)(3)(B)(i)(I). The IDEA defines "parent" broadly...

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