Legal Opinion
Mitten ex rel. Mitten v. Muscogee County School District
Court of Appeals for the Eleventh Circuit
Decided July 20, 1989No. 88-8238PublishedCited by 2 opinions
1Opinion of the Court
HOEVELER, District Judge.
In this action, the Court is faced with a question of statutory construction. Specifically, the issues before the Court are whether the appellants were prevailing parties under the Handicapped Children’s Protection Act of 1986 (“HCPA” or the “Act”), 20 U.S.C. 1415(e) (1986), and whether they are thereby entitled to statutory attorney’s fees. This action was brought by the parents of a mentally retarded child against the Muscogee County School District (“MCSD” or the “school district”) on the basis of the result in administrative hearings in which the parents had…
2Cases cited16 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Blum v. StensonSupreme Court of the United States · 1984
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1981
- Gore v. TurnerCourt of Appeals for the Fifth Circuit · 1977
- Richard B. Manecke v. School Board of Pinellas County, Florida, Etc.Court of Appeals for the Eleventh Circuit · 1985
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3Cited by2 opinions
- Alexander S. by and Through Bowers v. BoydDistrict Court, D. South Carolina · 1995
- Mitten v. Muscogee County School DistrictCourt of Appeals for the Eleventh Circuit · 1989