United States v. Jones

ALARCÓN, Senior Circuit Judge:

The United States appeals from the district court’s order granting John W. Jones Jr., W.D. Nichols, John T. Lide, and Roy Moore (collectively “the Defendants”) 1 attorneys’ fees, costs, and expenses under the Equal Access to Justice Act (collectively “EAJA fees”). The district court based the award of EAJA fees on its determination that the United States’ claim that the conduct of the defendants violated the Fourteenth and Fifteenth Amendments was not substantially justified. The United States contends that the district court erred in awarding EAJA fees because…