Legal Opinion

Morgan v. Perry

Court of Appeals for the Third Circuit

Decided April 27, 1998No. 96-3314UnknownCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

McKEE, Circuit Judge.

We are asked to determine whether the district court abused its discretion in denying attorney’s fees and costs to a “prevailing party” under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. Terence D. Morgan, a former Master Sergeant in the United States Marine Corps,filed a civil action seeking declaratory and injunctive relief against the defendants for alleged violations of his constitutional rights.

After a non-jury trial, the district court found that all but one of his claims were without merit, and awarded Morgan declaratory and…

2Cases cited15 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Parker v. LevySupreme Court of the United States · 1974
  3. Hong-Yee Chiu v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  4. Michael E. Hubbard v. Administrator, Environmental Protection Agency, Michael E. Hubbard v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1992
  5. Joseph S. Neal v. Secretary of the Navy and Commandant of the Marine CorpsCourt of Appeals for the Third Circuit · 1981

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3Cited by1 opinion

  1. Morgan v. PerryCourt of Appeals for the Third Circuit · 1998

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