Richard S. v. Department of Developmental Services of the State of California

This appeal involves plaintiffs’ motion for attorney’s fees. Plaintiffs are developmentally disabled adults and residents of Fairview Developmental Center. On March 29, 1997, they brought suit under Title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq., and the Civil Rights Act of 1871, 42 U.S.C. § 1988 , against California’s Department of Developmental Services (“DDS”). After three years of litigation, the parties entered into a settlement agreement.

In February 2001, plaintiffs asked the district court to determine that they were the “prevailing party,” and thus entitled to an award of attorney’s fees and costs under the Civil Rights Attorney’s Fees Award Act of 1976, 42 U.S.C. § 1988 , and the ADA, 42 U.S.C. § 12205 . The district court determined that plaintiffs were the “prevailing party” to a limited extent based upon a settlement agreement and based upon a finding that plaintiffs’ suit was the “catalyst” for legislative change. Before the court awarded attorney’s fees, the United States Supreme Court-decided Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources, 532 U.S. 598 , 121 S.Ct. 1835 ,…