Legal Opinion
Ewing v. Rodgers
Court of Appeals for the Tenth Circuit
Decided August 19, 1987No. Nos. 86-1560, 86-1581PublishedCited by 41 opinions
1Opinion of the Court
BALDOCK, Circuit Judge.
This consolidated appeal arises from orders of the district court awarding attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A), to petitioners-appellees following successful habeas corpus proceedings. Respondents-appellants contend that the award of attorney’s fees to petitioners was improper because the EAJA does not contemplate such an award in a habeas action arising from criminal confinement. We agree and reverse and remand for the reasons set forth below.
Petitioners were incarcerated at the Federal Correctional Institute, in…
2Cases cited21 opinions
- Haines v. KernerSupreme Court of the United States · 1972
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- Harris v. NelsonSupreme Court of the United States · 1969
- Heflin v. United StatesSupreme Court of the United States · 1959
16 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- United States v. Christopher SimmondsCourt of Appeals for the Tenth Circuit · 1997
- Clovis Carl Green., Jr. v. Honorable Edward W. Nottingham, District Judge Honorable Richard M. Borchers, Magistrate JudgeCourt of Appeals for the Tenth Circuit · 1996
- Ernesto Santana v. United States of America, Ernesto SantanaCourt of Appeals for the Third Circuit · 1996
- Ruby May HADDEN, Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Tenth Circuit · 1988
- Roy Bruce Smith v. Ronald Angelone, Director, Virginia Department of CorrectionsCourt of Appeals for the Fourth Circuit · 1997
36 more not listed; retrieve them via the Exa API.