SmartBrief
Confirm favorite deletion?
Civil rights Keyed to Jeffries, 5th Ed.
Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources
Citation:
532 U.S. 598 (2001)Facts
Buckhannon Board and Care Home operated residential care facilities in West Virginia for elderly individuals who needed assisted living but not nursing services. In October 1996, the West Virginia Office of the State Fire Marshal determined that Buckhannon failed inspection because some residents, including 102-year-old Dorsey Pierce, were incapable of “self-preservation” as defined by state law, meaning they could not exit the building without assistance in case of fire. The state issued cease-and-desist orders requiring Buckhannon to close its facilities within 30 days. Buckhannon filed suit in federal court against the state and state officials, alleging that the “self-preservation” requirement violated the Fair Housing Amendments Act and the Americans with Disabilities Act by discriminating against persons with disabilities. While the litigation was pending, in 1998, the West Virginia legislature enacted legislation eliminating the “self-preservation” requirement. The defendants then moved to dismiss the case as moot, which the district court granted. Buckhannon sought attorney’s fees as the “prevailing party,” arguing that its lawsuit had acted as a “catalyst” for the state’s voluntary change in the law. The district court denied the request for fees, and the Fourth Circuit affirmed, holding that a party cannot be a “prevailing party” without obtaining a judgment, consent decree, or settlement.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.