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Buckhannon Board and Care Home v. West Virginia Department of Health and Human Resources
121 S. Ct. 1835 (2001) ; Clearinghouse Number: 53373
Description
U.S. Supreme Court Holds That "Catalyst Theory" Does Not Entitle Petitioner to Attorney Fees
Abstract
The Supreme Court held that the catalyst theory was not a
permissible basis for the award of attorney fees under the Fair
Housing Amendments Act of 1988 and the Americans with Disabilities
Act . The catalyst theory posits that a plaintiff is the prevailing
party if it achieves the desired result because the lawsuit brought
about a voluntary change in defendant’s conduct. Petitioner
assisted-living-residence operator failed a state fire marshal
inspection because some residents were incapable of
“self-preservation” as defined by state law. Ordered to
close its facilities, petitioner sought a declaration from
respondent state agency that the “self-preservation”
requirement violated both Acts. Respondents agreed to stay the
order to close pending the case’s resolution. The state
legislature then eliminated the “self-preservation”
requirement, and the district court dismissed the case as moot.
Seeking attorney fees under both Acts, petitioner claimed that the
catalyst theory entitled it to such fees. Noting that a
“prevailing party” was one a court had awarded some
relief, the Supreme Court found that both judgments on the merits
and court-ordered consent decrees created a material alteration of
the parties’ legal relationship and thus permitted an award.
The “catalyst theory,” however, allowed an award when
there was no judicially sanctioned change in the parties’
legal relationship. The Court held that defendant’s voluntary
change in conduct, although perhaps accomplishing what plaintiff
sought to achieve by the lawsuit, lacked the necessary judicial
imprimatur on the change.
