Jane Doe, on Behalf of Her Minor Son, Dennis Doe, Individually and on Behalf of All Persons Similarly Situated v. Kenneth J. Koger

HARLINGTON WOOD, Jr., Circuit Judge.

The only issue is the denial of attorneys’ fees to plaintiff in an otherwise concluded suit brought as a class action on behalf of special education students.

Plaintiff alleged that the defendant school officials’ practice and policy of expelling special education students for disciplinary reasons violated the Fourteenth Amendment of the United States Constitution, the Education of All Handicapped Children Act (EAHCA), 1 and the Rehabilitation Act of 1973. 2

After the complaint was amended and discovery completed, plaintiff and defendants moved for summary…