Legal Opinion
United States v. Richard A. Horn
Court of Appeals for the First Circuit
Decided July 25, 1994No. 93-2041PublishedCited by 206 opinions
1Opinion of the Court
SELYA, Circuit Judge.
We decide today a question of first impression: Do principles of sovereign immunity bar a federal district court, exercising its supervisory power, from assessing attorneys’ fees and costs against the federal government in a criminal ease? We answer this question affirmatively and, therefore, annul the district court’s fee-shifting orders.
I. FACTUAL BACKGROUND
This appeal arises out of unpardonable misconduct committed by a federal prosecutor who should have known better. The factual background of the criminal case in which the misconduct occurred — a multi-de-fendant…
2Cases cited100 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
- Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
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3Cited by206 opinions
- Phinney v. Wentworth Douglas HospitalCourt of Appeals for the First Circuit · 1999
- Shillinger v. HaworthCourt of Appeals for the Tenth Circuit · 1995
- Bowers v. National Collegiate Athletic Ass'nCourt of Appeals for the Third Circuit · 2007
- In Re Justices of the Superior Court Department of the Massachusetts Trial CourtCourt of Appeals for the First Circuit · 2000
- Rosselló-González v. Calderón-SerraCourt of Appeals for the First Circuit · 2005
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