Securities & Exchange Commission v. Waterhouse

LEVAL, Circuit Judge:

When the government of the United States engages in litigation against other parties and takes positions that are not “substantially justified,” the prevailing adversary is entitled under the Equal Access to Justice Act (“EAJA”), 28 U.S.C.A. § 2412, (West 1994) to be compensated by the Government for “fees and other expenses” incurred in the litigation. This appeal raises various questions regarding the rights created by this *807statute, especially as it applies to a 'pro se litigant.

After the dismissal of the Securities and Exchange Commission’s action against Rich-ard…