Newell v. Department of Mental Retardation

In Buckhannon Bd. & Care Home, Inc. v. West Virginia Dep’t of Health & Human Resources, 532 U.S. 598, 600 (2001) (Buckhannon), the United States Supreme Court ruled that “a party that has failed to secure a judgment on the merits or a court-ordered consent decree, but has nonetheless achieved the desired result because the lawsuit brought about a voluntary change in the defendant’s conduct” is not a “prevailing party” for purposes of awarding attorney’s fees under Federal fee-shifting statutes allowing such awards. The Civil Rights Attorney’s Fees Award Act of 1976, 42 U.S.C. § 1988 (2000),…