Legal Opinion
Joseph P. O'brien, and James E. Byrd Ebony Guinn Jaron A. Sturdivant v. G.O. Moore, Community Corrections Manager
Court of Appeals for the Fourth Circuit
Decided January 27, 2005No. 04-6473PublishedCited by 25 opinions
1Opinion of the Court
Reversed and vacated by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Judge MOON joined.
OPINION
NIEMEYER, Circuit Judge:
The question in this appeal is whether the Equal Access to Justice Act (the “EAJA”), 28 U.S.C. § 2412, contains an unequivocal expression of congressional intent to waive sovereign immunity to authorize the assessment of an award of attorneys fees against the United States in a habeas corpus proceeding. The EAJA provides that a court shall award reasonable attorneys fees to a prevailing party (other than the United States) “in any civil…
2Cases cited30 opinions
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Fay v. NoiaSupreme Court of the United States · 1963
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- Hilton v. BraunskillSupreme Court of the United States · 1987
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
25 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Banister v. DavisSupreme Court of the United States · 2020
- United States v. Donathan Wayne HaddenCourt of Appeals for the Fourth Circuit · 2007
- United States v. Herbert L. Bendolph, at No. 01-2468 United States of America v. Julio Otero, at No. 02-2624Court of Appeals for the Third Circuit · 2005
- Gomez Barco v. WitteCourt of Appeals for the Fifth Circuit · 2023
- Buck Doe, and Robert Doe Tays Doe Otis Doe Thomas Doe Joe Doe Charles Doe Dick Doe v. Elaine L. Chao, Secretary of LaborCourt of Appeals for the Fourth Circuit · 2006
20 more not listed; retrieve them via the Exa API.