Case: State of New Hampshire v. Adams

1:94-cv-00573 | U.S. District Court for the District of New Hampshire

Filed Date: Nov. 14, 1994

Closed Date: Nov. 12, 1998

Clearinghouse coding complete

Case Summary

This case began in 1991, when a New Hampshire state court sentenced the defendant to a term of imprisonment of 15-30 years for manslaughter. The defendant began serving his sentence at age 20.Shortly thereafter, the defendant alleged that he was denied a free and appropriate public education (FAPE) under the Individuals with Disabilities Act (IDEA), and requested a due process hearing. In lieu of a hearing, the parties reached an agreement, embodied in a consent decree, which confirmed the de…

This case began in 1991, when a New Hampshire state court sentenced the defendant to a term of imprisonment of 15-30 years for manslaughter. The defendant began serving his sentence at age 20.

Shortly thereafter, the defendant alleged that he was denied a free and appropriate public education (FAPE) under the Individuals with Disabilities Act (IDEA), and requested a due process hearing. In lieu of a hearing, the parties reached an agreement, embodied in a consent decree, which confirmed the defendant’s entitlement to a FAPE and obligated the school district in which the prison was located to develop an individualized education program (IEP) for the defendant. The IEP entitled the defendant to over five hours of daily instruction and counseling. The IEP took effect in 1993 and the State held the burden of implementation. At this point, the defendant was receiving education services pursuant to the IEP.

At the time of the consent decree, correctional authorities designated the defendant as “moderate high risk” which did not impact the implementation of the IEP. However, the defendant subsequently committed a series of disciplinary infractions which escalated his status to “maximum security risk,” a classification with severe constraints on movement and interactions. Faced with a conflict between the realization of legitimate security considerations and literal compliance with the IEP's terms, the State chose to prioritize the security considerations and proceeded to cease providing the defendant his education services pursuant to the IEP. In response, the defendant sought a due process hearing, alleging that his security classification impeded his ability to receive an education under IDEA and the security concerns were not a valid justification for denying this right. An administrative hearing was held and the defendant sought a request for relief wherein the State was compelled to deliver the promised education per the terms of the IEP. The hearing officer agreed and found that the State had failed to satisfy the obligations of the IEP under the consent decree, and the officer ordered the State to either allow the IEP to be implemented as written, or, alternatively, to permit the defendant to leave the correctional facility to attend classes. The State petitioned the district court for judicial review of this decision.

On March 21, 1996, the district court, concluding that the IDEA did not override the State's penological interests, vacated the hearing officer's orders. Rather than remanding the case, the court retained jurisdiction and directed the parties to develop a new IEP, taking into account (1) the defendant’s entitlement to a FAPE while incarcerated; (2) the State's legitimate security concerns; (3) the need for any revised IEP to avoid "thwart[ing] the prison's legitimate need to preserve order and discipline among inmates"; and (4) the importance of flexibility with the accommodations. The parties ultimately negotiated a new agreement that established a new IEP under which Adams was to receive two additional years of compensatory education.

Shortly thereafter, the defendant made a claim for attorneys’ fees, which the district court denied. In February 1998, the defendant appealed the district court’s denial of the award of attorneys’ fees. The First Circuit affirmed the judgment of the district court, holding that the defendant was not a “prevailing party” for the purposes of 20 U.S.C. § 1415(e)(4)(B), which permits a district court, in its discretion, to “award reasonable attorneys’ fees as part of the costs to the parents ... of a child or youth with a disability who is the prevailing party.” 159 F.3d 680. The First Circuit agreed with the district court that attorneys’ fees were unwarranted given that the litigation yielded only relief that likely was attainable without the time and expense of adversarial proceedings. The case is now closed.

Summary Authors

Rebecca Fisher (2/9/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10499203/parties/nh-v-adams/


Judge(s)

Aldrich, Edgar (New Hampshire)

Coffin, Frank Morey (Maine)

McAuliffe, Steven J. (New Hampshire)

Selya, Bruce Marshall (Rhode Island)

Attorneys(s) for Plaintiff

McLaughlin, Philip T. (New Hampshire)

Attorneys(s) for Defendant

Eggert, Dean B (New Hampshire)

Meyer, H. Jonathan (New Hampshire)

Smith, Peter S. (New Hampshire)

Judge(s)

Aldrich, Edgar (New Hampshire)

Coffin, Frank Morey (Maine)

McAuliffe, Steven J. (New Hampshire)

Selya, Bruce Marshall (Rhode Island)

Attorneys(s) for Plaintiff

McLaughlin, Philip T. (New Hampshire)

Attorneys(s) for Defendant

Eggert, Dean B (New Hampshire)

Meyer, H. Jonathan (New Hampshire)

Smith, Peter S. (New Hampshire)

Documents in the Clearinghouse

Document

Docket [PACER]

New Hampshire v. Adams

May 18, 2000 Docket
50

Order

New Hampshire Department of Education v. City of Manchester School District

April 17, 1997 Order/Opinion
61

Order

State of New Hampshire Department of Education v. Adams

Jan. 21, 1998 Order/Opinion

Brief of Marc Adams as Appellant

New Hampshire v. Adams

U. S. Court of Appeals for the First Circuit

April 30, 1998 Pleading / Motion / Brief

Brief for Appellees

New Hampshire v. Adams

U. S. Court of Appeals for the First Circuit

May 29, 1998 Pleading / Motion / Brief

Opinion

New Hampshire v. Adams

U. S. Court of Appeals for the First Circuit

159 F.3d 680

Nov. 12, 1998 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10499203/nh-v-adams/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT/APPEAL FROM DUE PROCESS HEARING FILING FEE $ 120 RECEIPT # 7084 (bc) (Entered: 11/21/1994)

Nov. 14, 1994 PACER

Spoke with Attorney Smith's office regarding the service of summons, she feel that the copy of the complaint she sent to defendants is sufficient. (bc)

Nov. 21, 1994 PACER

Deadline updated; for service documents ; set Miscellaneous deadline for 12/14/94 (bc)

Nov. 21, 1994 PACER

Deadline updated; reset Miscellaneous deadline for 1/11/94 for service documents (amm)

Dec. 19, 1994 PACER

SUMMONS(ES) issued for Marc Adams, Manchester Sch Dist (amm)

Jan. 13, 1995 PACER

Deadline updated; Set Local Rule 21(b) Deadline to 3/15/95 for Manchester Sch Dist, for Marc Adams (return of service documents) (amm)

Feb. 2, 1995 PACER
2

WAIVER OF SERVICE Executed as to Marc Adams ; waiver mailed 1/26/95 ; Answer due on 3/30/95 for Marc Adams (amm) (Entered: 02/03/1995)

Feb. 2, 1995 PACER
3

WAIVER OF SERVICE Executed as to Manchester Sch Dist ; waiver mailed 1/26/95 ; Answer due on 3/30/95 for Manchester Sch Dist (amm) (Entered: 02/03/1995)

Feb. 2, 1995 PACER
4

ANSWER and Counterclaims to Complaint by Manchester Sch Dist (amm) (Entered: 02/03/1995)

Feb. 3, 1995 PACER

File to SM for Pretrial Assignment (amm)

Feb. 3, 1995 PACER
5

ANSWER and Counterclaim to Complaint by Marc Adams (amm) (Entered: 02/03/1995)

Feb. 3, 1995 PACER

PRETRIAL CONFERENCE set at 8:30 a.m. on 3/1/95 before: Judge Steven J. McAuliffe location: Chambers, Room 216 (amm)

Feb. 9, 1995 PACER

PRETRIAL CONFERENCE held before: Judge Steven J. McAuliffe location: Chambers (amm)

March 1, 1995 PACER
6

PRETRIAL order filed Ready for trial deadline set for 12/1/95; Discovery deadline set to 10/2/95; Bench Trial; ***Case track set -- STNDRD ( signed by Judge Steven J. McAuliffe ) (amm) (Entered: 03/03/1995)

March 2, 1995 PACER
7

Transcripts of the Department of Education Hearings by NH (amm) (Entered: 04/27/1995)

April 24, 1995 PACER
8

MOTION by NH to Extend Time by 30 days for Identification of Experts with assent. (amm) (Entered: 05/01/1995)

April 28, 1995 PACER

RULE 11 ORDER granting [8-1] motion to Extend Time by 30 days for Identification of Experts (amm)

April 28, 1995 PACER

TRIAL NOTICE -- Discovery Completion Date 10/2/95, Pretrial Material Due 11/10/95. Final Pretrial Conference set for 8:30 on 11/21/95; Bench Trial set for 2-week period beginning 9:00 on 12/5/95 before Judge Steven J. McAuliffe (amm)

May 5, 1995 PACER

Deadline updated; set Pretrial material deadline for 11/10/95 (amm)

May 5, 1995 PACER
9

MOTION by Manchester Sch Dist to Dismiss: Statute of Limitations with memorandum. Objection to Motion Deadline 5/30/95 (amm) (Entered: 05/10/1995)

May 10, 1995 PACER
10

OBJECTION by NH to [9-1] motion to Dismiss: Statute of Limitations (amm) (Entered: 05/30/1995)

May 26, 1995 PACER
11

MOTION by NH to Strike [5-1] answer, or to Dismiss Counterclaims for Attorneys' Fees with memorandum. Objection to Motion Deadline 6/15/95 (amm) (Entered: 05/30/1995)

May 26, 1995 PACER
12

OBJECTION by Marc Adams to [11-1] motion to Strike [5-1] answer, [11-2] motion to Dismiss Counterclaims for Attorneys' Fees (amm) (Entered: 06/12/1995)

June 12, 1995 PACER
13

OBJECTION by Manchester Sch Dist to [11-1] motion to Strike [5-1] answer, [11-2] motion to Dismiss Counterclaims for Attorneys' Fees (amm) (Entered: 06/12/1995)

June 12, 1995 PACER
14

MOTION by Marc Adams, Manchester Sch Dist to preclude expert testimony of Gerald O'Brien with memorandum. Objection to Motion Deadline 8/17/95 (amm) Modified on 10/26/1995 (Entered: 07/31/1995)

July 28, 1995 PACER
15

MOTION by Marc Adams, Manchester Sch Dist to Extend Time for Identification of Experts 20 days after ruling on Motion to Preclude Expert Testimony with memorandum. (amm) (Entered: 07/31/1995)

July 28, 1995 PACER

ENDORSED ORDER granting [15-1] motion to Extend Time for Identification of Experts 20 days after ruling on Motion to Preclude Expert Testimony ( signed by Judge Steven J. McAuliffe ) (amm)

Aug. 1, 1995 PACER

Transcript of Department of Education Hearing of 4/19/94 by State of NH (amm)

Aug. 15, 1995 PACER
16

OBJECTION by NH to [14-1] motion to preclude expert testimony of Gerald O'Brien (amm) Modified on 08/23/1995 (Entered: 08/16/1995)

Aug. 16, 1995 PACER
17

ASSENTED TO MOTION by Marc Adams, Manchester Sch Dist for Leave to File Defendants' Supplemental Memorandum & Response to Plaintiff's Memorandum of Law In Support of Objection to Motion to Preclude Expert Witness Testimony (amm) (Entered: 08/24/1995)

Aug. 24, 1995 PACER

RULE 11 ORDER granting [17-1] motion for Leave to File Defendants' Supplemental Memorandum & Response to Plaintiff's Memorandum of Law In Support of Objection to Motion to Preclude Expert Witness Testimony (amm)

Aug. 24, 1995 PACER
18

SUPPLEMENTAL MEMORANDUM & Response by Defendants' to Plaintiff's Memorandum in Support of Objection to Support [14-1] motion to preclude expert testimony of Gerald O'Brien (amm) (Entered: 08/24/1995)

Aug. 24, 1995 PACER

Motion(s) referred: [14-1] motion to preclude expert testimony of Geral O'Brien referred to Magistrate Judge James R. Muirhead (amm)

Sept. 27, 1995 PACER
19

MOTION by Manchester Sch Dist for Summary Judgment with memorandum. Objection to Motion Deadline 10/19/95 (amm) (Entered: 09/29/1995)

Sept. 29, 1995 PACER
20

MOTION by NH to Vacate Trial & Discovery Schedule [6-1] pre-trial order, and for Scheduling Conference no memorandum. (amm) Modified on 10/12/1995 (Entered: 10/12/1995)

Oct. 11, 1995 PACER
21

MOTION by NH to Extend Time to Respond to Motion for Summary Judgment to 12/4/95 no memorandum. (amm) (Entered: 10/12/1995)

Oct. 11, 1995 PACER
22

MOTION by Marc Adams to Dismiss, or for Other Relief Designated Herein with memorandum. Objection to Motion Deadline 11/2/95 (amm) (Entered: 10/16/1995)

Oct. 13, 1995 PACER

ENDORSED ORDER granting [21-1] motion to Extend Time to Respond to Motion for Summary Judgment to 12/4/95, Objection to Motion reset to 12/4/95 for [19-1] motion for Summary Judgment ( signed by Judge Steven J. McAuliffe ) (amm)

Oct. 19, 1995 PACER

ENDORSED ORDER granting [20-1] motion to Vacate Trial & Discovery Schedule [6-1] pre-trial order granting [20-2] motion for Scheduling Conference, set Pretrial Conference for 4:00 11/6/95 ( signed by Judge Steven J. McAuliffe ) (amm)

Oct. 19, 1995 PACER

Motion hearing re: [14-1] motion to preclude expert testimony of Gerald O'Brien at 2:00 11/20/95 before Magistrate Judge James R. Muirhead in Courtroom #3, 4th Floor (jeb)

Oct. 25, 1995 PACER
23

MOTION by NH to Extend Time to Respond to Motion to Dismiss to 11/13/95 no memorandum. Objection to Motion Deadline 11/20/95 (amm) (Entered: 11/02/1995)

Oct. 31, 1995 PACER

FURTHER PRETRIAL CONFERENCE held before: Judge Steven J. McAuliffe location: Chambers (amm)

Nov. 6, 1995 PACER

Motion hearing re: [14-1] motion to preclude expert testimony of Gerald O'Brien Motion hearing held before Magistrate Judge James R. Muirhead in Courtroom #3. Arguments heard. Order to issue. Tape S752 (000-5111) (jeb) Modified on 11/20/1995

Nov. 20, 1995 PACER

Motion(s) referred: [23-1] motion to Extend Time to Respond to Motion to Dismiss to 11/13/95 referred to Magistrate Judge James R. Muirhead (amm)

Nov. 21, 1995 PACER
25

OBJECTION by NH to [19-1] motion for Summary Judgment (amm) (Entered: 12/05/1995)

Dec. 4, 1995 PACER
252

CROSS-MOTION by NH for Summary Judgment with memorandum. Objection to Motion Deadline 12/26/95 (amm) (Entered: 12/21/1995)

Dec. 4, 1995 PACER
26

PRETRIAL order filed: Ready for trial deadline set for 9/3/96; Discovery deadline set to 7/1/96, set Further Pretrial Conference for 8:30 5/20/96 ***Case track set -- STNDRD ( signed by Judge Steven J. McAuliffe ) (amm) (Entered: 12/13/1995)

Dec. 13, 1995 PACER
27

MOTION by Marc Adams to Extend Time to Respond to Cross-Motion for Summary Judgment to 1/29/96 with assent. (amm) Modified on 12/26/1995 (Entered: 12/26/1995)

Dec. 22, 1995 PACER

RULE 11 ORDER granting [27-1] motion to Extend Time to Respond to Cross-Motion for Summary Judgment to 1/29/96, Objection to Motion reset to 1/29/96 for [252-1] motion for Summary Judgment (amm) Modified on 12/26/1995

Dec. 22, 1995 PACER
28

MOTION by Manchester Sch Dist to Extend Time to Respond to Cross-Motion for Summary Judgment to 1/29/96 (amm) (Entered: 12/26/1995)

Dec. 26, 1995 PACER

RULE 11 ORDER granting [28-1] motion to Extend Time to Respond to Cross-Motion for Summary Judgment to 1/29/96, Objection to Motion reset to 1/29/96 for [252-1] motion for Summary Judgment (amm)

Dec. 26, 1995 PACER

ENDORSED ORDER granting [23-1] motion to Extend Time to Respond to Motion to Dismiss (objection attached) to 11/13/95 ( signed by Magistrate Judge James R. Muirhead ) (cmd)

Dec. 28, 1995 PACER
29

OBJECTION by NH to deft's [22-1] motion to Dismiss, [22-2] motion for Other Relief Designated Herein w/memorandum; request for consideration of Fed.R.Civ.P. 11 re: sanctions contained in memorandum (cmd) (Entered: 12/28/1995)

Dec. 28, 1995 PACER
30

RESPONSE/OPPOSITION by Marc Adams w/attachments to objection to [29-1] motion objection (Rule 11(b)/sanctions request in memorandum) regarding [22-1] motion to Dismiss, [22-2] motion for Other Relief Designated Herein (cmd) (Entered: 12/28/1995)

Dec. 28, 1995 PACER
31

ORDER granting [14-1] motion to preclude expert testimony of Gerald O'Brien ( signed by Magistrate Judge James R. Muirhead ) (amm) (Entered: 01/04/1996)

Jan. 4, 1996 PACER
32

OBJECTION by Manchester Sch Dist to [252-1] motion for Summary Judgment with memorandum. (amm) (Entered: 01/29/1996)

Jan. 26, 1996 PACER
33

OBJECTION by Marc Adams to [252-1] motion for Summary Judgment with memorandum. (amm) (Entered: 01/30/1996)

Jan. 29, 1996 PACER
34

ORDER denying [9-1] motion to Dismiss: Statute of Limitations ( signed by Judge Steven J. McAuliffe ) (amm) (Entered: 02/20/1996)

Feb. 16, 1996 PACER
35

///ORDER granting in part, denying in part [252-1] motion for Summary Judgment, denying [22-1] motion to Dismiss, denying [22-2] motion for Other Relief Designated Herein, denying [19-1] motion for Summary Judgment, denying [11-1] motion Strike [5-1] answer, denying [11-2] motion to Dismiss Counterclaims for Attorneys' Fees, set Status Report deadline to 6/15/96 re: modification of current IEP ( signed by Judge Steven J. McAuliffe (amm) Modified on 04/08/1996 (Entered: 03/22/1996)

March 21, 1996 PACER

TRIAL NOTICE. Final Pretrial Statements Due 9/10/96 ; Final Pretrial Conference set for 4:30 9/20/96 ; Bench Trial set for 2-week period beginning 9:00 10/1/96 LR 16.2(e) Objections Due: 9/18/96. ( before Judge Steven J. McAuliffe ) (amm)

April 9, 1996 PACER

TRIAL NOTICE. Final Pretrial Statements Due 10/11/96 ; Final Pretrial Conference set for 4:30 10/23/96 ; Bench Trial set for 2-week period beginning 11/5/96 LR 16.2(e) Objections Due: 10/21/96. ( before Judge Steven J. McAuliffe ) (amm)

April 11, 1996 PACER
37

STATUS REPORT by Marc Adams stating a meeting was held 6/10 at the prison re: the development of the new IEP. 2nd meeting is scheduled for 6/21. (amm) (Entered: 06/21/1996)

June 17, 1996 PACER
36

STATUS REPORT by Manchester School District stating team meeting scheduled for 6/21 and parties are now at the stage of developing specific long term goals & short term objectives. Upon completion of that process decisions will be made re: programing. (amm) (Entered: 06/19/1996)

June 19, 1996 PACER
38

STATUS REPORT by NH concurring with reports filed by Marc Adams & Manchester School District. (amm) (Entered: 06/24/1996)

June 21, 1996 PACER
39

MOTION by NH to Continue Pretrial and Trial Scheduled, and to Expedite Ruling, and Request Status Conference Week of 10/28/96 Objection to Motion Deadline 10/21/96 (amm) (Entered: 10/01/1996)

Oct. 1, 1996 PACER

ENDORSED ORDER granting [39-1] motion to Continue Pretrial and Trial Scheduled, granting [39-2] motion to Expedite Ruling, granting [39-3] motion Request Status Conference Week of 10/28/96, set Status Conference for 11:00 10/29/96 ( signed by Judge Steven J. McAuliffe ) (amm)

Oct. 7, 1996 PACER

**Remove Trial set Flag (amm)

Oct. 8, 1996 PACER
40

STATUS REPORT and Statement of Disputed Issues Regarding IEP Development w/exhibits by NH (cmd) (Entered: 10/16/1996)

Oct. 11, 1996 PACER
41

STATUS REPORT by Marc Adams, Manchester Sch Dist stating an IEP was signed & submitted to Director of Education of the Dept. of Corrections along with letter from Manchester School District requesting notification of implementation of IEP. Pltfs take the view there is not IEP & question of implementation is moot. (amm) (Entered: 10/25/1996)

Oct. 23, 1996 PACER

Status conference held before: Judge Steven J. McAuliffe location: Chambers (amm)

Oct. 29, 1996 PACER
42

ORDER, Parties to notify the court in writing by 11/29/96 that: 1. matter entirely settled, 2. issues remain disputed set Notice of Compliance deadline to 11/29/96 Based upon submissions, court will appoint expert witnesses at parties initial expense. In that event, Adams to file verified statement of his assets, inmate account statement to attribute his share of cost. Court to hold evidentiary hearing. ( signed by Judge Steven J. McAuliffe ) (amm) (Entered: 10/30/1996)

Oct. 29, 1996 PACER
43

MOTION by NH to Extend Time to file Status Report to 12/6/96 with assent. (amm) (Entered: 11/27/1996)

Nov. 27, 1996 PACER

ENDORSED ORDER granting [43-1] motion to Extend Time to file Status Report to 12/6/96, reset Notice of Compliance deadline to 12/6/96 ( signed by Judge Steven J. McAuliffe ) (amm)

Dec. 2, 1996 PACER
44

STATUS REPORT by State of NH Dept. of Education & Corrections - Parties agree to compromises on all remaining issues. Implementation of this IEP will begin with the next session of each individual academic program. (amm) (Entered: 12/10/1996)

Dec. 6, 1996 PACER
45

STATUS REPORT by Marc Adams, Manchester Sch Dist stating all issues have been resolved except outstanding counterclaim as to fees and costs. (amm) (Entered: 12/10/1996)

Dec. 6, 1996 PACER

Spoke to Atty Peter Smith who informed me that he was submitting something to the State today re: his fees & costs. He will file something when necessary re: his fees & costs (pending counterclaim) if things are not settled with the State. Left a message with Dean Eggert re: same. Also updated Nancy Smith. In December, 1996, I had spoke to all 3 attys, Peter Smith & Dean Eggert both promised me they would file a motion re: their fees & costs - nothing was filed. Case is settled except for counterclaim. (amm)

Jan. 21, 1997 PACER

** deadline updated; set Notice of Compliance deadline to 3/17/97 for Atty Peter Smith to notify court re: attys fees (amm) Modified on 03/03/1997

March 3, 1997 PACER
46

MOTION by Manchester Sch Dist for Summary Judgment On Counterclaim for Attorney's Fees with memorandum. Objection to summary judgment deadline 4/21/97 (amm) (Entered: 03/18/1997)

March 17, 1997 PACER
47

NOTICE of attorney appearance for Marc Adams by H. Jonathan Meyer (amm) (Entered: 04/01/1997)

March 31, 1997 PACER
48

OBJECTION by NH to [46-1] motion for Summary Judgment On Counterclaim for Attorney's Fees (amm) (Entered: 04/15/1997)

April 14, 1997 PACER
49

MOTION by NH for Reconsideration of [35-1] order re: motion to strike or dismiss (doc.11) with memorandum. Objection to Motion Deadline 5/5/97 (amm) (Entered: 04/15/1997)

April 14, 1997 PACER
50

ORDER denying [46-1] motion for Summary Judgment On Counterclaim for Attorney's Fees ( signed by Judge Steven J. McAuliffe ) (amm) (Entered: 04/17/1997)

April 17, 1997 PACER
51

OBJECTION by Manchester Sch Dist to [49-1] motion for Reconsideration of [35-1] order re: motion to strike or dismiss (doc.11) (amm) (Entered: 04/29/1997)

April 29, 1997 PACER

ENDORSED ORDER denied as moot (See order dated 4/17/97) [49-1] motion for Reconsideration of [35-1] order re: motion to strike or dismiss (doc.11) ( signed by Judge Steven J. McAuliffe ) (amm)

May 1, 1997 PACER
52

OBJECTION by Marc Adams to [49-1] motion for Reconsideration of [35-1] order re: motion to strike or dismiss (doc.11) (amm) (Entered: 05/02/1997)

May 1, 1997 PACER
53

MOTION by Marc Adams for Attorney Fees & Costs with memorandum. Objection to Motion Deadline 5/21/97 (amm) (Entered: 05/02/1997)

May 1, 1997 PACER
54

OBJECTION by NH to [53-1] motion for Attorney Fees & Costs (amm) (Entered: 05/09/1997)

May 8, 1997 PACER

Motion hearing re: [53-1] motion for Attorney Fees & Costs at 9:30 5/29/97 before Judge Steven J. McAuliffe in Courtroom #4 (amm)

May 12, 1997 PACER

Motion hearing re: [53-1] motion for Attorney Fees & Costs reset at 3:00 5/27/97 before Judge Steven J. McAuliffe in Courtroom #4 (amm)

May 16, 1997 PACER
55

OBJECTION by NH to [53-1] motion for Attorney Fees & Costs (amm) (Entered: 05/21/1997)

May 20, 1997 PACER
56

Complete Administrative Record in this case by NH State Dept of Education (amm) (Entered: 05/21/1997)

May 21, 1997 PACER

Motion hearing re: [53-1] motion for Attorney Fees & Costs Motion hearing held before Judge Steven J. McAuliffe in Courtroom #4; Oral arguments present; Court takes it under advisement. (amm)

May 27, 1997 PACER
57

SUPPLEMENTAL AFFIDAVIT by Peter Smith Re: [53-1] motion for Attorney Fees & Costs (amm) (Entered: 05/29/1997)

May 27, 1997 PACER
58

MOTION by Marc Adams for Leave to File Post-Hearing Memorandum with memorandum. Objection to Motion Deadline 7/10/97 (amm) (Entered: 06/23/1997)

June 20, 1997 PACER
59

OBJECTION by NH to [58-1] motion for Leave to File Post-Hearing Memorandum (amm) (Entered: 07/02/1997)

July 2, 1997 PACER

ENDORSED ORDER granting [58-1] motion for Leave to File Post-Hearing Memorandum ( signed by Judge Steven J. McAuliffe ) (amm)

July 10, 1997 PACER
60

POST HEARING MEMORANDUM by Marc Adams (amm) (Entered: 07/11/1997)

July 10, 1997 PACER
61

ORDER denying [53-1] motion for Attorney Fees & Costs; Clerk of Court is instructed to close the case. ( signed by Judge Steven J. McAuliffe ) (amm) (Entered: 01/21/1998)

Jan. 21, 1998 PACER
62

JUDGMENT is hereby entered in accordance with the orders dated March 21, 1996, and January 21, 1998, by U.S. District Judge Steven J. McAuliffe. (Signed by Clerk James R. Starr) (amm) (Entered: 01/22/1998)

Jan. 22, 1998 PACER

Case closed (amm)

Jan. 22, 1998 PACER

State / Territory: New Hampshire

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 14, 1994

Closing Date: Nov. 12, 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoner who received educational services under Individuals with Disabilities Education Act claiming that services should not have been interrupted as result of prisoner's placement in prison's secure housing unit

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Education and Department of Corrections, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Classification / placement

Education

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Type of Facility:

Government-run