Document Type
Article
Publication Date
4-1-2009
Abstract
Defendants-appellants Yonkers School District, Superintendent Angelo Petrone, and Principal Rocco Grassi (collectively, the "School District" or "Defendants") appeal from a judgment of the United States District Court for the Southern District of New York (Robinson, J.) granting a motion filed by counsel for the plaintiffs-appellees, Carlos Garcia, Bruce Merlo, and Lycelin Polanco (the "Individual Students"), on their behalf and on behalf of all similarly situated persons (collectively, the "Students" or "Plaintiffs"), seeking attorney's fees. The District Court found that (1) the School District received adequate notice prior to the court's oral grant of a temporary restraining order and preliminary injunction; (2) the Students were prevailing parties under 42 U.S.C. § 1988(b) for purposes of awarding attorney's fees; and (3) the amount of time spent on the case and the hourly rate proposed by the Students' counsel were appropriate and reasonable. For the reasons that follow, we reverse the judgment of the District Court granting attorney's fees.
Recommended Citation
Miner '56, Roger J., "Garcia v. Yonkers School Dist., 561 F. 3d 97 - Court of Appeals, 2nd Circuit 2009" (2009). Circuit Court Opinions. 451.
https://digitalcommons.nyls.edu/circuit_opinions/451
Comments
561 F.3d 97 (2009) Carlos GARCIA, on his own behalf and on behalf of all those similarly situated, Bruce Merlo, on his own behalf and on behalf of all those similarly situated, and Lycelin Polanco, on her own behalf and on behalf of all those similarly situated, Plaintiffs-Appellees, v. YONKERS SCHOOL DISTRICT, Angelo Petrone, and Rocco Grassi, Defendants-Appellants.[*] Docket No. 07-3167-cv. United States Court of Appeals, Second Circuit.
Argued: November 14, 2008. Decided: April 1, 2009.
New York Law School location: File #3752, Box #153