Missouri Court of Appeals, Eastern District / Feb 9, 2021
M.F., By Her Parents and Guardians, Carl Fields and Beverly Fields, Respondents, vs. Mark Stringer, in his official capacity as Director of the Missouri Department of Mental Health, Appellant.
M.F., a profoundly disabled woman, sought attorney's fees and costs from the Missouri Department of Mental Health (DMH) after prevailing in a prior action where DMH's denial of medically-necessary services was reversed. The issue on appeal was whether DMH's wrongful denial of those services was "substantially justified," which would preclude M.F. from recovering fees under § 536.087. The appellate court affirmed the circuit court's judgment, holding that DMH's reasons for denying services were not substantially justified. The case was remanded for the circuit court to calculate and direct payment of additional attorney's fees and costs.