Opinion

Monroe

Court
District Court, S.D. Illinois
Filed
Jul 30, 2026
Cited by
0 cases
Authority
More cited than 42.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

ANTONIO MONROE,

Plaintiff,

v. Case No. 3:24-CV-2639-NJR

BOARD OF EDUCATION OF THE

ILLINOIS DEPARTMENT OF

JUVENILE JUSTICE SCHOOL

DISTRICT #428 and ILLINOIS

DEPARTMENT OF CORRECTIONS,

Defendants.

MEMORANDUM AND ORDER

ROSENSTENGEL, District Judge:

Plaintiff Antonio Monroe sues Defendants Board of Education of the Illinois

Department of Juvenile Justice School District #428 (the “District”) and Illinois

Department of Corrections (IDOC) under the fee-shifting provision of the Individuals

with Disabilities Education Act (IDEA), 20 U.S.C. § 1415(i)(3)(B). (Doc. 1). The parties

have now filed cross-motions for summary judgment. (Docs. 48, 50). Monroe argues that

he prevailed against Defendants in an IDEA due process hearing and is therefore entitled

to recover $302.050.95 in legal fees, costs, and reimbursable expenses, plus prejudgment

interest and fees and costs incurred in this action. (Docs. 48–49). Defendants argue that

Monroe is not a “prevailing party” and thus is entitled to no recovery; but if he is a

prevailing party, they argue that his fee award should not exceed $32,482.38. (Docs. 50–

51). For the reasons explained below, the Court denies Defendants’ motion for summary

judgment; Monroe’s motion is granted in part and denied in part.1

BACKGROUND2

Antonio Monroe has qualified for special education services since 2011. (Doc. 47,

¶ 9). That status did not change when, in February 2022, he was imprisoned in an IDOC

facility. Id. ¶¶ 2–5, 11. Indeed, until the end of the school year during which Monroe

turned 22, the District was responsible for providing him with an education. Id. ¶¶ 5, 11.

While in IDOC custody, however, Monroe filed a “due process complaint” against

Defendants, arguing they had failed to provide him with the special education services

to which he was entitled under the IDEA. See id. ¶¶ 3, 12. Monroe asked the Impartial

Hearing Officer (IHO) assigned to his case to award “systemic relief,” i.e., to grant relief

both to Monroe and to similarly situated individuals. Id. ¶ 13. The IHO determined he

did not have jurisdiction to award systemic relief and only allowed the action to proceed

on claims specific to Monroe. (Doc. 47-1, at 9–14; Doc. 47, ¶ 15). Monroe is now pursuing

the systemic claims in Hebert v. Illinois Department of Corrections, No. 24 C 7950, a putative

class action in the Northern District of Illinois. (Doc. 47, ¶ 20).

1 Also pending before the Court are two motions: Defendants’ amended motion for leave to file a response

to Monroe’s statement of material facts (Doc. 57) and Monroe’s motion for leave to file additional authority

(Doc. 61). First, Defendants’ amended motion is granted, and the Court considers the response (Doc. 57-1)

to have been timely filed. Although Defendants indicated Monroe would oppose the motion (Doc. 57, ¶ 10),

Monroe neither filed a response in opposition nor addressed the request in his after-filed reply (Doc. 58).

Second, Monroe seeks to submit evidence going to the reasonableness of his counsel’s hourly rates.

(Doc. 61). This request is opposed by Defendants. (Doc. 63). The evidence Monroe seeks to submit was not

available at the time the cross-motions were filed. But because (as explained below) the parties’ original

filings establish a genuine dispute of material fact, summary judgment for either party is precluded.

See FED. R. CIV. P. 56(a). Additional evidence cannot eliminate the factual dispute. Accordingly, Monroe’s

motion is denied as moot.

2 All facts in this section are undisputed unless otherwise noted.

The IHO went on to rule in favor of Monroe on two claims. Id. ¶ 17. Specifically,

the IHO ruled that Defendants had failed to provide Monroe with (1) an individualized

education program (IEP), IEP goals with accommodations and modifications, or a

triennial reevaluation; and (2) a high school program housed in the IDOC with his non-

disabled peers. (See Doc. 47-1, at 15; Doc. 47, ¶¶ 12, 17). Monroe’s counsel submitted to

Defendants a claim for attorneys’ fees and costs associated with the administrative action,

(Doc. 47, ¶ 21), but Defendants dispute that Monroe is entitled to reimbursement (e.g.,

Doc. 57-1, ¶ 1). Monroe thus began this action, seeking an award of attorneys’ fees under

20 U.S.C. § 1415(i)(3)(B). (E.g., Doc. 1).

The parties have filed and fully briefed cross-motions for summary judgment.

(Docs. 46–59). As mentioned above, they dispute whether Monroe is a “prevailing party”

within the meaning of the IDEA, whether Monroe actually prevailed before the IHO, and

the amount of fees to be awarded (if any). In calculating that amount, the parties dispute

what constitutes a reasonable hourly rate, whether the hours billed by Monroe’s

attorneys were reasonably expended, and whether the total reached by multiplying the

reasonable hours by the reasonable rate should be reduced based on the factors set forth

in Hensley v. Eckerhart, 461 U.S. 424 (1983).

LEGAL STANDARDS

Summary judgment is proper only if the moving party can demonstrate, through

pleadings, depositions, answers to interrogatories, and admissions on file, together with

any affidavits, that there is no genuine issue as to any material fact and the movant is

entitled to judgment as a matter of law. FED. R. CIV. P. 56(a); Celotex Corp. v. Catrett,

477 U.S. 317, 322 (1986); see also Ruffin-Thompkins v. Experian Info. Sols., Inc., 422 F.3d 603,

607 (7th Cir. 2005). “A genuine dispute over a material fact exists if ‘the evidence is such

that a reasonable jury could return a verdict’ for the nonmovant.” Machicote v.

Roethlisberger, 969 F.3d 822, 827 (7th Cir. 2020) (quoting Anderson v. Liberty Lobby, Inc.,

477 U.S. 242, 248 (1986)). A fact is material if it might affect the outcome of a suit under

the relevant substantive law. Ruffin-Thompkins, 422 F.3d at 607.

In assessing a summary judgment motion, the district court views the facts in the

light most favorable to, and draws all reasonable inferences in favor of, the nonmoving

party. See Anderson v. Donahoe, 699 F.3d 989, 994 (7th Cir. 2012); Delapaz v. Richardson, 634

F.3d 895, 899 (7th Cir. 2011). As the Seventh Circuit has explained, the Court “set[s] forth

the facts by examining the evidence in the light reasonably most favorable to the non-

moving party, giving [him] the benefit of reasonable, favorable inferences and resolving

conflicts in the evidence in [his] favor.” Spaine v. Community Contacts, Inc., 756 F.3d 542,

544 (7th Cir. 2014). But “[i]nferences that rely upon speculation or conjecture are

insufficient.” Armato v. Grounds, 766 F.3d 713, 719 (7th Cir. 2014).

The moving party bears the burden of establishing that no material facts are in

genuine dispute; any doubt as to the existence of a genuine issue must be resolved against

the moving party. Adickes v. S. H. Kress & Co., 398 U.S. 144, 160–61 (1970); see also Lawrence

v. Kenosha County, 391 F.3d 837, 841 (7th Cir. 2004). Once the moving party sets forth the

basis for summary judgment, the burden shifts to the nonmoving party, who must go

beyond mere allegations and offer specific facts showing that there is a genuine issue of

fact for trial. FED. R. CIV. P. 56(e); see Celotex Corp., 477 U.S. at 322–24.

DISCUSSION

The IDEA is meant “to ensure that all children with disabilities have available to

them a free appropriate public education.” 20 U.S.C. § 1400(d), (d)(1)(A). To enforce that

guarantee, the IDEA permits parents3 to request an impartial due process hearing before

a state educational agency. See Judah M. v. Bd. of Educ. of Chi., Dist. 299, 798 F. Supp. 2d

942, 947 (N.D. Ill. 2011). The victor in those administrative proceedings is sometimes

eligible for an award of reasonable attorneys’ fees. 20 U.S.C. § 1415(i)(3)(B)(i)(I)–(III).

“In general, courts apply the same principles applicable to attorney’s fees awards for civil

rights cases under 42 U.S.C. § 1988 to cases brought under the IDEA.” Judah M., 798

F. Supp. 2d at 947 (citing Jodlowski v. Valley View Cmty. Unit Sch. Dist. No. 365-U, 109 F.3d

1250, 1253 n.2 (7th Cir. 1997)).

To secure an award of attorneys’ fees, Monroe must first demonstrate he is a

“prevailing party” within the meaning of the IDEA. Id. (citing Linda T. v. Rice Lake Area

Sch. Dist., 417 F.3d 704, 709 (7th Cir. 2005)). Next, the Court asks whether the claimed fees

are “reasonable” under the circumstances. Id. This analysis proceeds in two steps: first,

the Court determines the “lodestar figure,” which is the reasonable hourly rate multiplied

by the number of hours reasonably expended on the litigation. Id. (citing Estate of Enoch

ex rel. Enoch v. Tienor, 570 F.3d 821, 823 (7th Cir. 2009)). Second, that lodestar figure may

then be adjusted based on the factors set forth in Hensley. Judah M., 798 F. Supp. 2d at 947;

Enoch, 570 F.3d at 823.

3 Or, in some situations (as here), the student themselves. See, e.g., J.S. v. N.Y. State Dep’t of Corr. & Cmty.

Supervision, 76 F.4th 32 (2d Cir. 2023).

As explained below, the Court grants summary judgment to Monroe (and denies

it to Defendants) on the legal question of whether Monroe is a prevailing party. But

because genuine disputes of material fact remain, the Court cannot grant judgment as a

matter of law to either party on the question of whether the claimed fees are reasonable

under the circumstances.

A. Prevailing Party

The Court must first determine whether Monroe was the prevailing party in the

underlying administrative due process case. E.g., Judah M., 798 F. Supp. 2d at 947 (citing

Linda T., 417 F.3d at 709). A party has prevailed “if he obtains at least some relief on the

merits of his claim such as an enforceable judgment, consent decree, or settlement.”

Evanston Cmty. Consol. Sch. Dist. No. 65 v. Michael M., 356 F.3d 798, 805 (7th Cir. 2004)

(quoting Bd. of Educ. of Oak Park Dist. 200 v. Nathan R., 199 F.3d 377, 382 (7th Cir. 2000)).

If Monroe satisfies this standard, he is eligible to recover reasonable attorneys’ fees.

20 U.S.C. § 1415(i)(3)(B)(i).

Monroe asserts he “unquestionably” prevailed, as the IHO ruled in his favor on

both issues. (Doc. 49, at 4). By all appearances, that should settle the matter—especially

as “the ‘prevailing party inquiry does not turn on the magnitude of the relief obtained.’”

Evanston Cmty. Consol., 356 F.3d at 805 (quoting Farrar v. Hobby, 506 U.S. 103, 114 (1992)).

But Defendants resist this conclusion. First, they invoke judicial estoppel by

pointing to Monroe’s representations in a filing in Hebert. (Doc. 51, at 5–8). In that still-

pending action, the plaintiffs opposed a motion to dismiss by arguing, inter alia, that

administrative exhaustion would be futile. Plaintiffs’ Opposition to Defendants’ Motion

to Dismiss at 8, Hebert v. Ill. Dep’t of Corr., No. 24 C 7950 (N.D. Ill. Dec. 23, 2025),

Dkt. No. 159, 2025 U.S. Dist. Ct. Motions LEXIS 19885.4 They argued Monroe’s

administrative victory had been “wholly ineffective,” as Defendants had yet to comply

with IHO’s order. Id. Accordingly, Monroe had received “relief-in-name-only” such that

exhaustion for the other plaintiffs would be futile as a practical matter. Id. Defendants

seize on this verbiage, describing Monroe as a “chameleonic litigant” who is engaged in

“blatant self-contradiction” in search of “multiple recoveries.” (Doc. 51, at 6). The Court,

they urge, must use judicial estoppel to prevent Monroe from prevailing on two

inconsistent positions.

Second, Defendants argue Monroe is not a “prevailing party” within the meaning

of the IDEA because he brought the action on his own behalf as an adult student. Id. at 8.

Thus, under the statute’s “plain language,” id., he is excluded from the statutory fee-

shifting provision, which permits “the parent of a child with a disability” to recover fees

as a prevailing party but is silent on fee awards to a child with a disability himself,

20 U.S.C. § 1415(i)(3)(B)(i)(I).

The Court is unconvinced. As Monroe points out (Doc. 53, at 1–2), Defendants

made contrary admissions in their answer to Monroe’s complaint:

Defendants admit Plaintiff requested a due process hearing and received

substantial relief in those proceedings. Defendants further admit Plaintiff is

entitled to attorneys’ fees and costs, but Defendants deny Plaintiff is

entitled to the amount of attorneys’ fees and costs described in this

Complaint. . . . Defendants admit Plaintiff seeks attorneys’ fees and costs

related to his individual claims upon which he prevailed and for which

there is no further right to appeal by Defendants. . . . Defendants admit the

4 Hereinafter referred to as “Plaintiffs’ Opposition.”

IHO ruled in favor of Plaintiff on both issues Plaintiff raised in his due

process request.

(Doc. 9, ¶¶ 1, 5, 13). In fact, they specifically admitted Monroe’s allegation that “[a]s the

prevailing party, Plaintiff is entitled to reasonable attorneys’ fees and costs pursuant to

20 U.S.C. § 1415(i)(3)(B).” Id. ¶ 19. This constitutes a judicial admission that Monroe is a

prevailing party under the IDEA, which has the same effect as a waiver: it “remov[es]

that factual issue from the case.” Nw. Mut. Life. Ins. Co. v. Przewozniak, 659 F. Supp. 3d

919, 929–30 (N.D. Ill. 2023) (first citing Pressure Specialist, Inc. v. Next Gen Mfg., Inc.,

No. 18 C 7013, 2022 WL 356842, at *2 (N.D. Ill. Feb. 6, 2022); then citing Soo Line R.R. Co.

v. St. Louis Sw. Ry. Co., 125 F.3d 481, 483 (7th Cir. 1997); and then citing Murrey v. United

States, 73 F.3d 1448, 1455 (7th Cir. 1996)); see also Smith v. SMS Grp., Inc., No. 22-cv-1303,

2023 WL 7089844, at *3 (S.D. Ill. Oct. 26, 2023) (“That which a defendant admits in his

answer is binding upon him until he withdraws the admission by a proper amended or

supplemental pleading.” (quoting Freedom Nat. Bank v. N. Ill. Corp., 202 F.2d 601, 605

(7th Cir. 1953))).

Under the well-settled rule that parties are bound by what they state in their

pleadings, Defendants may not “controvert what [they have] already unequivocally told”

the Court “by the most formal and considered means possible.” Soo Line, 125 F.3d at 483.

In other words, Defendants have conceded that Monroe is a prevailing party entitled to

fees;5 as such, the Court grants summary judgment to Monroe and denies it to Defendants

on this first question.

B. Reasonableness of the Fee Award

Because Monroe has demonstrated he is the “prevailing party,” he is entitled to

reasonable fees. As explained above, whether claimed fees are reasonable is determined

by a two-step process: first, the Court multiplies the reasonable number of hours

expended by a reasonable hourly rate to produce the lodestar figure. Then that amount

is adjusted based on the Hensley factors.6 The resulting amount is the reasonable fee

award.

In this case, the lodestar figure cannot be calculated (and, therefore, neither can

the subsequent adjustments to that figure). There remain genuine disputes of material

fact as to both the reasonable hourly rate and the number of hours reasonably expended.

5 The Court briefly adds that, even if Defendants had not made this binding concession, their arguments

would not have availed them. Assuming arguendo that Monroe’s position in Hebert is inconsistent with his

position here (which is far from obvious, see infra Section B.iii), judicial estoppel applies only when a party

takes a position inconsistent with one underlying a prior judgment. Astor Chauffeured Limousine Co. v.

Runnfeldt Inv. Corp., 910 F.2d 1540, 1547–48 (7th Cir. 1990) (“The offense is not taking inconsistent positions

so much as it is winning, twice, on the basis of incompatible positions.” (citations omitted)); CSI Worldwide,

LLC v. TRUMPF Inc., 944 F.3d 661, 662–63 (7th Cir. 2019) (citations omitted). As Hebert is still pending,

judicial estoppel definitionally cannot apply. Nor does the Court buy Defendants’ statutory argument.

While the Seventh Circuit has not decided whether an adult student litigating on his own behalf can recover

fees under the IDEA, the Court is persuaded by the thoughtful analysis of the Second Circuit in J.S. v. N.Y.

State Dep’t of Corr. & Cmty. Supervision, 76 F.4th 32, 38–47 (2d Cir. 2023). The J.S. Court concluded that a

child with a disability who sues on his or her own behalf and prevails may recover attorneys’ fees after

carefully considering the statute’s text, structure, and legislative history, as well as instructive Supreme

Court precedent. Id. The Second Circuit’s analysis persuades this Court that, even in the absence of

Defendants’ admission, Monroe would have been eligible to recover attorneys’ fees under 20 U.S.C.

§ 1415(i)(3)(B)(i)(I).

6 In calculating fee awards under the IDEA, additional reductions to the lodestar may be warranted based

on the factors set forth in 20 U.S.C. § 1415(i)(3)(F). For instance, the amount must be reduced if the Court

finds that “the time spent and legal services furnished were excessive considering the nature of the action

or proceeding.” Id. § 1415(i)(3)(F)(iii).

Because this action is before the Court on summary judgment, the Court cannot resolve

these factual disputes and must deny both motions.

i. Reasonable hourly rate

The reasonable hourly rate is “‘derived from the market rate for the services

rendered.’” Pickett v. Sheridan Health Care Ctr., 664 F.3d 632, 640 (7th Cir. 2011) (quoting

Denius v. Dunlap, 330 F.3d 919, 930 (7th Cir. 2003)). An attorney’s “actual billing rate for

similar litigation” is presumptively appropriate for use as the market rate. Id. (citing

Denius, 330 F.3d at 930). But for attorneys who use contingent fee arrangements or who

work in public interest litigation, “the ‘next best evidence’ of an attorney’s market rate”

is “‘evidence of rates similarly experienced attorneys in the community charge paying

clients for similar work and evidence of fee awards the attorney has received in similar

cases,’” with a preference for “third party affidavits that attest to the billing rates of

comparable attorneys.” Id. (quoting Spegon v. Catholic Bishop of Chi., 175 F.3d 544, 555

(7th Cir. 1999)) (first citing People Who Care v. Rockford Bd. of Educ., 90 F.3d 1307, 1310

(7th Cir. 1996); and then citing Spegon, 175 F.3d at 556).

Monroe, who bears the burden of production on establishing the market rate, id.

(citing Blum v. Stenson, 465 U.S. 886, 895 n.11 (1984)), proposes rates of $325 to $550 per

hour, based on the experience level of each of his attorneys. (Doc. 46, ¶¶ 3–9). In support,

he has submitted sworn declarations in which each attorney attests to their level of

experience and that the requested rate is their standard billing rate. (Docs. 46-1 to 46-7).

Monroe further provides third-party affidavits from plaintiffs’ attorneys who specialize

in special education law and have comparable experience to his own counsel. Each avers

that his or her billing rates are similar to or higher than those of Monroe’s counsel.

(Docs. 1-6, at 7–24). At first glance, this seems like exactly the sort of evidence required to

satisfy Monroe’s burden. See Pickett, 664 F.3d at 640.

In response, however, Defendants point out that the relevant rate is not the one

charged by an attorney, but the rate that is actually paid. (E.g., Doc. 51, at 10–11 (first

citing Montanez v. Chi. Police Officers Fico (Star # 6284), Simon (Star # 16497), 931 F. Supp.

2d 869, 874 (N.D. Ill. 2013); and then citing People Who Care, 90 F.3d at 1310)). They

correctly note that none of Monroe’s evidence confirms that his attorneys or the similar

attorneys collect fees at the listed rates; only that they charge fees at those rates. Id.

Defendants then offer contrary evidence of the rates of their own counsel (Doc. 52-1, at –

68) and a declaration from an attorney at their counsel’s firm, id. at 69–71. This attorney

opines that the true market rate is $250 to $315 per hour, depending on the attorney’s

experience. Id. at 70.

On summary judgment, the Court cannot weigh the evidence; it can only

determine whether material facts are disputed. The procedural posture distinguishes this

case from fee-award determinations in other contexts. Unlike fee awards under 42 U.S.C.

§ 1988—which are decided by the same court that has just resolved the litigation on the

merits—this case involves a standalone fee request based on prevailing on the merits in

an unrelated proceeding before a different tribunal. In the § 1988 context, a district court

“has the authority to make its own determination of a reasonable rate” if “a fee applicant

does not satisfy its burden” of production. Pickett, 664 F.3d at 640; see also id. at 639 & n.1

(explaining that fee awards under Title VII are governed by the same rules as fee awards

under § 1988). Here, however, neither party has directed the Court’s attention to any

authority granting it the power to go beyond the evidence in the record or make

credibility determinations. The Court therefore assumes it has only its typical authority

under Rule 56 of the Federal Rules of Civil Procedure; accordingly, it cannot resolve the

question of market rates based on the evidence before it.

Here, the fact of the market rate—necessary to determine whether the claimed rate

is reasonable—is disputed. Monroe bears the burden of production on establishing the

market rate by proof of rates actually charged to paying clients. While he has provided

declarations and affidavits establishing the billing rates charged by his attorneys and

attorneys of comparable experience, those declarations and affidavits do not disclose

whether those are the rates actually received from paying clients. From their silence, it

could be reasonably inferred that these are not the rates his attorneys (or their

comparators) are actually paid. Thus, in the light most favorable to Defendants, it appears

Monroe failed to carry his burden; as such, he is not entitled to summary judgment on

the question of the reasonable hourly rate.

But Defendants are not entitled to summary judgment, either. Viewed in the light

most favorable to Monroe, his evidence could be evidence of the rates actually paid; the

declarations and affidavits are consistent with either conclusion. Moreover, even if

Defendants are correct that Monroe has provided no evidence of what clients actually

pay, they still would not be entitled to judgment as a matter of law. This is because proof

of the market rate is not “an essential element of [Monroe’s] case with respect to which

[he] has the burden of proof.” Celotex Corp., 477 U.S. at 323. Even though the fee applicant

bears the burden of production on this question, a failure to produce evidence of the

market rate does not doom a fee request: instead, the Court determines the reasonable

rate itself. Pickett, 664 F.3d at 640. It is therefore not an essential element.

Both parties have submitted evidence on the market rate for comparable legal

services, rendering it a disputed question of fact. Neither party has established their

entitlement to judgment as a matter of law. Therefore, the Court denies both motions for

summary judgment as to the question of whether the claimed hourly rates are reasonable.

ii. Number of hours reasonably expended

Similarly, the Court cannot determine as a matter of law the number of hours

reasonably expended. Though much ink has been spilled on this question (Doc. 49, at 10–

14; Doc. 51, at 9–10; Doc. 53, at 12–13; Doc. 55, at 7–9; Doc. 58, at 4–5; Doc. 59, at 6), each

side appears to have proceeded from a mistaken premise: that Monroe’s failure to prevail

on his systemic claims before the IHO must be taken into account as an adjustment after

the computation of the lodestar figure. But, under Hensley, the hours spent on the

systemic claims are not compensable at all—they must be subtracted before the lodestar is

computed. Because of this misunderstanding, no party has demonstrated its entitlement

to judgment as a matter of law.

Proceeding from the assumption that the degree of success should be factored in

as an adjustment to the lodestar figure, Defendants argue that Monroe’s fee award should

be reduced to reflect his failure to succeed.7 (Doc. 51, at 7–8; Doc. 55, at 2–3; Doc. 59, at 2–

7 Defendants argue that Monroe should be considered to have only partially succeeded based on two

rationales: first, that Monroe represented in Hebert that he achieved relief in name only from the IHO; and

3; see also Doc. 51, at 17 (advocating for a 50% reduction for a lack of success); Doc. 55, at 8

(arguing that a “general percentage reduction” of the fee award is permissible to reflect

a lack of success)). They further assert that Monroe’s billing entries are so vague that it

cannot be determined whether each describes work on failed systemic claims or on

successful individual claims. (Doc. 51, at 7–8, 17; Doc. 55, at 7–8; Doc. 59, at 6).

Accordingly, Defendants seek two reductions of 50% each—or, in other words, a

reduction to 25% of the lodestar figure.8

Monroe, on the other hand, argues that the hours claimed are all reasonable and

compensable. (Doc. 49, at 10–14; Doc. 53, at 12–13; Doc. 58, at 4–5). He argues that his

hours should not be reduced “due to the IHO’s finding that he lacked authority to address

systemic claims” and leans on the Seventh Circuit’s decision in Sherkow v. Wisconsin for

the proposition that “hours expended on unsuccessful research or litigation” are

compensable “unless the positions asserted are frivolous or in bad faith.” (Doc. 49, at 11–

12 (quoting Sherkow v. Wisconsin, 630 F.2d 498, 504 (7th Cir. 1980))).

But Sherkow does not accurately state the law. Three years after Sherkow was

handed down, the Hensley Court explicitly set out to clean up the courts of appeals’

“varying standards” for cases in which the plaintiff “did not succeed on all claims

second, that the IHO rejected Monroe’s systemic claims. As explained below, infra Section B.iii, the Court

rejects the first rationale. But the second rationale has legs, as explained in the current section.

8 Technically, Defendants appear to be using the Hensley factors not to reduce the lodestar figure but instead

to reduce the number of compensable hours used to calculate the lodestar figure. (See Doc. 51, at 16–17).

This is backwards: the proper procedure instead is to begin by calculating the lodestar figure. Once it is

calculated, the lodestar can be reduced to reflect incomplete success, a failure to exercise billing judgment,

etc. This distinction does not affect the disposition of the instant motions; the Court only mentions it in the

hope that the parties’ future briefing will proceed from a set of shared assumptions about the relevant legal

framework.

asserted.” Hensley, 461 U.S. at 432 & n.5 (1983). It expressly disapproved of the then-

prevailing rule in the Eighth Circuit, id. at 438 n.14 (citing Brown v. Bathke, 588 F.2d 634

(8th Cir. 1978)), which was the same as the rule adopted in Sherkow, see id. at 432 n.5

(listing both Sherkow and Brown as expressing the rule that “prevailing plaintiffs generally

should receive a fee based on hours spent on all nonfrivolous claims”). In other words,

Monroe has stated the wrong legal rule for evaluating whether the fee award should be

reduced for hours spent on unsuccessful claims.

Instead, Hensley explains that there are two categories of partially prevailing

plaintiffs, each of which requires a different approach. See id. at 434–35; Murphy v. Smith,

864 F.3d 583, 587 (7th Cir. 2017). One category consists of cases where the claims for relief

“involve a common core of facts or will be based on related legal theories,” which will

make it “difficult to divide the hours expended on a claim-by-claim basis.” Hensley, 461

U.S. at 435. In such cases, “the district court should focus on the significance of the overall

relief obtained by the plaintiff in relation to the hours reasonably expended on the

litigation.” Id. Under this first approach, courts reduce the lodestar figure by a percentage

amount to reflect a lack of success. E.g., Judah M., 798 F. Supp. 2d at 951–53. As far as the

Court can discern, this is the approach each party assumed should be taken in this case.

(See, e.g., Doc. 49, at 11 (“Plaintiff’s attorneys’ fees should not be reduced due to the IHO’s

finding that he lacked authority to address systemic claims, when compared to the overall

relief and substantial results achieved by the hearing.” (emphasis added)); Doc. 51, at 17

(advocating percentage reduction for lack of success). But see Doc. 51, at 6–7 (arguing that

the hours spent on the systemic claims are not legally compensable under Hensley)).

In the second category of cases, a plaintiff’s lawsuit raises “distinctly different

claims for relief that are based on different facts and legal theories,” such that “even

where the claims are brought against the same defendants . . . counsel’s work on one

claim will be unrelated to his work on another.” Hensley, 461 U.S. at 434–35; accord

Murphy, 864 F.3d at 587. When a case falls in this category, “work on an unsuccessful

claim cannot be deemed to have been ‘expended in pursuit of the ultimate result

achieved.’” Hensley, 461 U.S. at 435 (quoting Davis v. County of Los Angeles, No. 73-63, 1974

WL 180, at *3 (C.D. Cal. June 5, 1974)). The district court is then “require[d]” to treat the

unrelated claims “as if they had been raised in separate lawsuits” and to award no fee

“for services on the unsuccessful claim.” Id.

This case belongs to the second category. The systemic claims perforce involved

different questions of law (whether the IHO has jurisdiction to consider requests for class-

wide relief) and different questions of fact (whether students other than Monroe were

experiencing violations of their educational rights). (See, e.g., Doc. 47-1, at 10 (listing

Monroe’s seven initial claims)). So this Court’s role in evaluating Monroe’s degree of

success is not, as much of the briefing assumes, a question of the ratio between the relief

sought and the relief obtained. Hensley, 461 U.S. at 434–36. Instead, “[t]he congressional

intent to limit awards to prevailing parties requires” that “no fee may be awarded for

services on the unsuccessful claim[s].” Id. at 435 (emphasis added).

Because this Court is required to deny Monroe’s fee request to the extent it seeks

reimbursement for services on the systemic claims, another of Defendant’s objections is

salient: that the billing entries recorded by Monroe’s counsel are vague. (Doc. 51, at 12–

14). Defendants argue that endemic vagueness in the billing entries merits a percentage

reduction. (Doc. 51, at 17). This reduction is supposed to be performed on an already-

calculated lodestar figure. See, e.g., Judah M., 798 F. Supp. 2d at 947, 951–53. But, under

the approach dictated by Hensley, vagueness in Monroe’s billing entries would make it

impossible to determine which hours were expended on which claims, thus preventing a

calculation of the lodestar figure in the first place. In other words, time spent on the

systemic claims dismissed by the IHO cannot be counted in the lodestar figure; to the

extent that some of the entries are too “vague” to ascertain their subject matter, Monroe

will have failed to carry his burden.

The parties do not identify for the Court any accounting of which billing entries

pertain to which claims. Instead, the briefing focuses on whether a percentage reduction

is warranted. But the law requires the Court to specifically exclude the entries related to

unsuccessful claims; without having briefed the question under the correct legal

framework, neither party has made a sufficient showing to justify judgment as a matter

of law. The number of hours that were spent on Monroe’s individual claims (as opposed

to the systemic claims) is a material fact that remains genuinely disputed. Accordingly,

both motions are denied as to the number of hours reasonably expended.

iii. Adjustments

As discussed above, the Court is supposed to apply the Hensley factors after the

lodestar figure is computed. But without knowing the lodestar figure, the Court cannot

address adjustments to the lodestar figure. Accordingly, the Court denies both motions

for summary judgment as to the Hensley factors.

Before concluding, however, the Court will address and reject an argument raised

repeatedly by Defendants. Specifically, Defendants point to Monroe’s “admission” in

Hebert (the putative class action addressing Monroe’s systemic claims) that the relief he

received from the IHO was wholly ineffective. (Doc. 51, at 5–8, 16; Doc. 55, at 2–3; Doc. 59,

at 2–3). As Monroe ostensibly admitted, they argue, he did not fully succeed; therefore,

his award should be reduced accordingly.9

But Defendants mischaracterize Monroe’s representation in Hebert. It is not an

“admission” that the IHO failed to order adequate relief on his claims. See Plaintiffs’

Opposition, supra note 4, at 7–9. Rather, it is an argument that despite Monroe’s success

and the IHO’s order, he has not received relief because Defendants have failed to comply.

Id. at 8 (citing Complaint ¶ 24, Hebert v. Ill. Dep’t of Corr., No. 24 C 7950 (N.D. Ill. Aug. 30,

2024), Dkt. No. 1, 2024 WL 4014926, 2024 U.S. Dist. Ct. Pleadings LEXIS 492240).

Defendants’ argument, therefore, runs like this:

1. Monroe sought relief on two issues: our alleged failures to provide him

with (1) an IEP and related requirements, and (2) a high school program

with his non-disabled peers. (See Doc. 47-1, at 15; Doc. 47, ¶¶ 12, 17).

2. The IHO ruled in Monroe’s favor on both issues and ordered us to

perform certain actions to remedy the failures. (Doc. 47, at 17; Doc. 47-

1, at 36–37).

3. According to Monroe’s representations in another case, we have not yet

complied with the IHO’s order. Plaintiffs’ Opposition, supra note 4, at 8.

4. Because of our alleged noncompliance with an administrative order,

Monroe did not succeed.

9 This argument is made in the alternative to the one considered and rejected above: that Monroe is

judicially estopped from claiming prevailing-party status by virtue of his representations in Hebert.

5. Therefore, Monroe’s fee award must be reduced.

Obviously not. Taken to its conclusion, Defendants’ logic would create a get-out-

of-fees-free card for miserly losing parties: “Lose a civil rights case? Just ignore the

injunction! ‘Forget’ to pay the damages award! Disobey the decree! Contempt, after all,

could be cheaper than attorneys’ fees.”

Fortunately, that perverse logic is not the law. See, e.g., Farrar v. Hobby, 506 U.S.

103, 111–113 (1992) (describing the touchstone of prevailing as the issuance a judgment

which “changes the legal relationship between the parties” by “entitl[ing]” it “to enforce

a judgment” (emphasis added)); id. at 114–15 (framing degree of success in terms of a

comparison between the judgment sought and the judgment entered, not between the

judgment sought and the judgment actually enforced). An alleged failure by Defendants

to comply with the IHO’s order is not equivalent to a lack of success by Monroe;

accordingly, Defendants’ emphasis on Monroe’s representation in Hebert avails them not.

To summarize: the Court cannot determine the reasonable amount of fees as a

matter of law. Monroe has made a sufficient showing to preclude summary judgment

against him, but Defendants have made a sufficient showing to preclude summary

judgment against them. With material disputes of fact on every salient sub-question,

neither party is entitled to summary judgment on the reasonableness of the fee award.

C. Prejudgment interest

In light of the substantial outstanding issues to be resolved in this case, the Court

declines at this time to rule on Monroe’s request for prejudgment interest.

CONCLUSION

For these reasons, the motion for summary judgment (Doc. 50) filed by Defendants

Board of Education of the Illinois Department of Juvenile Justice School District #428 and

Illinois Department of Corrections is DENIED. The Court GRANTS in part and DENIES

in part the motion for summary judgment (Doc. 48) filed by Plaintiff Antonio Monroe.

Specifically, Monroe’s motion is granted as to whether he is a “prevailing party” within

the meaning of 20 U.S.C. § 1415(i)(3)(B). His motion is denied as to the reasonableness of

the fee award. The following issues remain to be determined at a bench trial:

e What are the reasonable hourly rates with which to compute the lodestar

figure?

e Which billing entries concern work performed for the systemic claims

(ie, concerning students other than Monroe) and therefore cannot be

included in computing the lodestar figure?

e After computation of the lodestar figure, what adjustments to the fee award

are necessary?

Further, the Court GRANTS Defendants’ motion for leave to file a response to

Monroe’s statement of facts (Doc. 57) and DENIES as moot Monroe’s motion for leave to

file additional authority (Doc. 61).

The Court will set a status conference by separate order for the purpose of

discussing a potential referral of this case to mediation and setting a firm bench trial date.

IT IS SO ORDERED.

DATED: July 30, 2026 T| (ocuttig

“oy

NANCY J. ROSENSTENGEL

United States District Judge

Page 20 of 20

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.