Price v. District of Columbia
61 F. Supp. 3d 135
D.D.C.2014Background
- This IDEA case concerns attorneys’ fees sought by plaintiffs as prevailing parties under 20 U.S.C. § 1415(i)(3)(B)-(G).
- Counsel Bergeron, court-appointed under the Criminal Justice Act (CJA), was compensated by DCPS at $90/hour despite billing at $250/hour.
- DCPS paid Bergeron substantially less than his requested rate, and plaintiffs seek to have fees raised to $505/hour to total over $100,000.
- The District of Columbia Superior Court appointed Bergeron to represent two families in special education due process proceedings arising from FAPE determinations.
- The CJA provides a fixed $90/hour rate for appointed attorneys and prohibits seeking additional compensation, creating a conflict with IDEA fee-shifting provisions.
- Judge Leon held that the CJA rate governs Bergeron’s compensation, denying plaintiffs’ request for higher fees under IDEA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can Bergeron obtain fees above $90/hour? | Bergeron is a prevailing IDEA attorney and should be compensated at higher rates for prevailing-party status. | CJA fixes $90/hour and prohibits additional compensation, controlling all such fees. | Fees above $90/hour denied; CJA rate governs. |
Key Cases Cited
- Adickes v. S.H. Kress & Co., 398 U.S. 144 (U.S. Supreme Court 1970) (standard for summary judgment review and factual dispute.)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. Supreme Court 1986) (lack of genuine issue of material fact requires entry of summary judgment.)