Legal Opinion
Tongol v. Donovan
Court of Appeals for the Ninth Circuit
Decided April 1, 1985No. 83-2432PublishedCited by 17 opinions
1Opinion of the Court
WALLACE, Circuit Judge:
The Secretary of Labor (the Secretary) appeals an award of attorneys’ fees against him pursuant to the Equal Access to Justice Act (the Act), 28 U.S.C. § 2412, on the grounds that the case was not pending as to him when the Act took effect, that he is immune from 42 U.S.C. § 1983 when functioning in his official capacity and thus from any liability under the Act in this case dependent on section 1983, that his legal position was substantially justified, and that the award was excessive. Tongol argues that he is entitled to an award under the Act for reasons opposite to…
2Cases cited21 opinions
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- New York State Association for Retarded Children, Inc. v. Hugh L. Carey, Individually and as Governor of the State of New YorkCourt of Appeals for the Second Circuit · 1983
- Ruckelshaus v. Sierra ClubSupreme Court of the United States · 1983
- White v. MurthaCourt of Appeals for the Fifth Circuit · 1967
16 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Laurence G. Russell, William L. Hanna, and Eddie D. Langwell v. National Mediation BoardCourt of Appeals for the Fifth Circuit · 1985
- McArthur Jones, Claimant-Appellant, and Martin M. Karnas, Claimant-Appellant v. Jesse Brown, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1994
- James Brown, Appellee/cross-Appellant v. Secretary of the Army, Appellant/cross-AppelleeCourt of Appeals for the D.C. Circuit · 1996
- Koster v. PeralesCourt of Appeals for the Second Circuit · 1990
- American Pacific Concrete Pipe Company, Inc. v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1986
12 more not listed; retrieve them via the Exa API.