DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
082586P.pdf 07/02/2009 Bill M. v. Nebraska Dept. of HHS etc.
U.S. Court of Appeals Case No: 08-2586
District of Nebraska - Lincoln
[PUBLISHED] [Colloton, Author, with Bright and Wollman, Circuit
Judges]
Civil case - Civil rights. In action claiming defendants had violated the
ADA, the Rehabilitation Act and Medicaid statutes and regulations by
inadequately funding developmental disability services, the parties
reached a settlement agreement which did not require district court
approval, incorporation in a court order or retention of jurisdiction for
future oversight and enforcement; as a result, the settlement lacked the
necessary judicial imprimatur to confer upon the plaintiffs prevailing
party status, and the district court did not err in denying their request for
an award of attorneys' fees under the applicable federal fee-shifting
statutes.