Lorna Kreines v. United States of America, and Jack McMenimen Wayne Yamashita

GOODWIN, Circuit Judge:

Lorna Kreines appeals from an order denying her post-judgment motion for attorney’s fees and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d) (1988). The district court ruled that because Kreines prevailed in her civil action against two federal officers in their individual capacities, she is not entitled to attorney’s fees under the EAJA. Kreines v. United States, 812 F.Supp. 164 (N.D.Ca.1992). We have jurisdiction under 28 U.S.C. § 1291, and affirm.

In January 1987, Kreines filed a complaint against the United States and various state,…