Child v. Spillane

I respectfully dissent. The district court did not clearly err in finding that the Child’s lawsuit contributed to her readmission to kindergarten. She was, therefore, a prevailing party. However, instead simply of affirming in to to, I would vacate the award of attorney's fees and remand for a possible recalculation because the district court failed to explain adequately its reasons for granting fees for certain legal work performed after the Fairfax County School Board had voted to readmit the Child.

I. Prevailing Party Status

A. Readmission of Child

The majority fails to give proper deference…