28 C.F.R. § 35.175

Attorney's fees

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In any action or administrative proceeding commenced pursuant to the Act or this part, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1994–2023 · leading case: Green v. North Arundel Hosp. Ass'n, 730 A.2d 221 (Md. Ct. Spec. App. 1999).

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Green v. North Arundel Hosp. Ass'n, 730 A.2d 221 (Md. Ct. Spec. App. 1999). “See 28 C.F.R. § 35.175 (1998); Tyler v. City of Manhattan, 857 F.”

Howard v. Dep't of Soc. Welfare, 655 A.2d 1102 (Vt. 1994). · cites it 2× “§ 794a(b) (court may award reasonable attorney's fees to prevailing party in action brought under § 504 of the Rehabilitation Act) and 28 C.F.R. § 35.175 (1993) (court may award reasonable attorney's fees to prevailing party in action brought under ADA).”

Tyler v. City of Manhattan, 866 F. Supp. 500 (D. Kan. 1994). “§ 1988 (b) and 28 C.F.R. § 35.175 . § 35.175 provides: *501 In any action or administrative proceeding commenced pursuant to the Act or this part, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee…”

Norman v. Texas Dep't of Crim. Just., Inst. Div., 293 F. App'x 285 (5th Cir. 2008). “Norman argues that he was entitled to the appointment of counsel and to attorney’s fees pursuant to 28 C.F.R. § 35.175 . This regulation provides that a prevailing party in an ADA action may be entitled to recover attorney’s fees and litigation costs.”

Arce v. La. State, 299 F. Supp. 3d 810 (E.D. La. 2018). · cites it 2× “See 28 C.F.R. § 35.175 . DOJ's regulation parrots the language of § 12205.”

Thomas v. Century 7909 LLC (S.D. Tex. 2022). · cites it 2× “§ 12205 ; 28 C.F.R. § 35.175 . The preamble to the Act states that “[l]itigation expenses include items such as expert witness fees, travel expenses, etc.”

McClanahan v. Wilson (M.D. La. 2019). “§ 1988 , 28 C.F.R. § 35.175 , and 29 U.S.C. § 794a(b); D.”

Thomas v. Gryder (M.D. La. 2020). “§ 12205 , 28 C.F.R. § 35.175 , and 29 U.S.C. § 794a(b).”

Sneed v. Louisiana Dep't of Pub. Saf. & Corr. (M.D. La. 2023). “§ 12205 , 28 C.F.R. § 35.175 , and 29 U.S.C. § 794a(b) should be dismissed, as these provisions apply to the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act (“RA”).”

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