Lee v. Dist. of Columbia

298 F. Supp. 3d 4
CourtCourt of Appeals for the D.C. Circuit
DecidedJanuary 12, 2018
DocketCase No. 15–cv–01802 (APM)
StatusPublished
Cited by13 cases

This text of 298 F. Supp. 3d 4 (Lee v. Dist. of Columbia) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lee v. Dist. of Columbia, 298 F. Supp. 3d 4 (D.C. Cir. 2018).

Opinion

Amit P. Mehta, United States District Judge *7I. INTRODUCTION

Plaintiff Juanishia Lee, acting on behalf of her minor child, J.K., seeks an award of attorneys' fees and costs under the Individuals with Disabilities Education Act ("IDEA") for her counsel's successful representation of J.K. during administrative proceedings and in the instant litigation. Plaintiff contends that she is entitled to $103,097.75 in fees and costs. Defendant District of Columbia does not contest Plaintiff's status as a prevailing party under the IDEA or the number of hours spent by her counsel to represent J.K., but does assert that the proposed hourly rates for Plaintiff's counsel are not supported by adequate evidence and therefore are unreasonable. Defendant asks the court to award Plaintiff no more than $77,415.44 in fees and costs.

After considering the parties' submissions and the relevant law, the court grants in part and denies in part Plaintiff's Motion for Attorney Fees. The court awards attorneys' fees and costs to Plaintiff, calculated at an hourly rate of 75% of the USAO Matrix, in the amount of $77,616.50.

II. BACKGROUND

"The IDEA requires the District [of Columbia] to provide disabled children with a 'free appropriate public education.' " Eley v. District of Columbia , 793 F.3d 97, 99 (D.C. Cir. 2015) (quoting 20 U.S.C. § 1400(d)(1)(A) ). A free appropriate public education ("FAPE") requires that each child with a disability receive "special education and related services that" are "provided at public expense" and "in conformity with the [child's] individualized education program." 20 U.S.C. § 1401(9). If the District of Columbia fails to provide a FAPE, the child's parents can file a due process complaint with the District Office of the State Superintendent of Education and receive an administrative hearing. See id. § 1415; Eley , 793 F.3d at 99. "And if the administrative-complaint route fails, the parents can sue the District [of Columbia] in district court." Eley , 793 F.3d at 99 (citing 20 U.S.C. § 1415(i)(2)-(3) ).

In this case, Plaintiff's minor child, J.K., became eligible for special services education under the IDEA as a result of severe injuries resulting from a shooting in June 2014. See Def.'s Cross-Mot. for Summ. J. & Opp'n to Pl.'s Mot. for Summ. J., ECF No. 12, at 4. On June 5, 2015, Plaintiff filed an administrative due process complaint with the State Superintendent of Education's Office of Dispute Resolution, claiming that the District of Columbia Public Schools ("DCPS") had failed to provide J.K. a FAPE as required by the IDEA. See Pl.'s Mot. for Attorney Fees, ECF No. 22 [hereinafter Pl.'s Mot.], at 3;1 Admin. R., Part I, ECF No. 9, Ex. 1, ECF No. 9-1 [hereinafter ECF No. 9-1], at 4.2 See generally 20 U.S.C. § 1400(d)(1)(A). The Hearing Officer agreed, finding that DCPS had failed to develop an Individualized Education Plan, and provide an appropriate placement, for J.K. Pl.'s Mot. at 3; see also ECF No. 9-1 *8at 20-21. Accordingly, the Hearing Officer concluded that DCPS had denied J.K. a FAPE for the 2014-2015 school year. See Lee v. District of Columbia , No. 15-cv-1802, 2017 WL 44288, at *1 (D.D.C. Jan. 3, 2017) (citing ECF No. 9-1 at 18-21).

Notwithstanding these findings, the Hearing Officer declined to award J.K. any compensatory education. The Hearing Officer so held because Plaintiff "did not offer any evidence at the due process hearing of 'the type and quantum of compensatory education' needed to place [J.K.] 'in the same position he would have occupied but for the [ ] violations of the IDEA.' " Id. at *1 (alterations in original) (quoting ECF No. 9-1 at 24-25). Plaintiff appealed the Hearing Officer's denial of compensatory education by filing the instant action. See Compl., ECF No. 1, ¶¶ 1-2.

After briefing cross-motions for summary judgment, the parties agreed that the matter should be remanded to the Hearing Officer to fashion an appropriate award of compensatory education, but they disagreed as to how the Hearing Officer should proceed on remand. See Lee , 2017 WL 44288, at *1. Plaintiff argued that the burden to craft an appropriate award fell on the Hearing Officer, while Defendant maintained that Plaintiff was required to come forward with sufficient evidence to support an award. See id. The court found that "a hearing officer cannot deny a compensatory education award simply because she is left wanting more evidence." Id. Instead, the Hearing Officer has two options under such circumstances: (1) "[s]he can provide the parties additional time to supplement the record," or (2) "she can order additional assessments as needed." See id. at *2. Ultimately, the court granted Plaintiff's Motion for Summary Judgment, denied Defendant's Cross-Motion for Summary Judgment, and remanded the matter to the Hearing Officer to develop an appropriate compensatory education award. See id. ; Order, ECF No. 18. Following the court's order, Plaintiff and DCPS reached a settlement that resolved all issues except the attorneys' fees sought by Plaintiff. See Joint Proposed Briefing Schedule, ECF No. 21. The parties' fees dispute is now before the court.

III. LEGAL STANDARD

To protect the right to a FAPE, "Congress enacted a fee-shifting provision entitling a prevailing party ... to reasonable attorneys' fees." Price v. District of Columbia

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Bluebook (online)
298 F. Supp. 3d 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-dist-of-columbia-cadc-2018.