Estate of Smith v. O'Halloran

BARRETT, Senior Circuit Judge.

Plaintiffs-appellants seek review of three orders of the district court denying in part and granting in part their request for attorneys’ fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §§ 2412(b) and (d)(1)(A)1 and the Civil Rights Attorney’s *1498Fees Awards Act, 42 U.S.C. § 1988.2 A summary of the lengthy litigative history will facilitate our review.

Plaintiffs initiated this class action in 1975 against the Secretary of Health and Human Services (Secretary) seeking relief under 42 U.S.C. § 1983 on behalf of medicaid recipients residing in nursing…