Butler v. National Collegiate Athletic Ass'n

MEMORANDUM *

The University of Washington offered Toure Butler, a student with a learning disability, an athletic scholarship and invited him to play on the university’s football team. 1 The National Collegiate Athletic Association (“NCAA”) declared Butler academically ineligible to receive the scholarship and play on the school’s team. Butler brought suit in federal district court against the NCAA, alleging that its academic eligibility criteria violated Title III of the Americans With Disabilities Act (“ADA”), 42 U.S.C. §§ 12181-12189 . The district court issued a temporary restraining order (“TRO”) and then, after a hearing, issued a preliminary injunction, forbidding the NCAA from enforcing its ineligibility determination against Butler. Before trial, the NCAA entered into a consent decree with the U.S. Department of Justice, under which the NCAA agreed to abide by the requirements of the ADA. Upon the agreement of Butler and the NCAA, the district court dismissed the action. Butler moved the court to grant attorney’s fees under 42 U.S.C. § 12205 , the fee provision of the ADA. The district court denied the motion, holding that Butler was not a “prevailing party” and so not…