· 4/22/1983
John Oguachuba v. Immigration and Naturalization Service and Dale Thomas, Warden of the Metropolitan Correctional Center
Citations
- 706 F.2d 93
- 1983 U.S. App. LEXIS 28610
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- denying attorneys’ fees under the special- circumstances-make-an-award-unjust exception under the EAJA, because, in classic equity terms, prevailing party was without clean hands
- denying attorneys’ fees under the special- circumstances-make-an-award-unjust exception under the EAJA, because, in classic equity terms, prevailing party was without clean hands
- awarding plaintiff attorneys’ fees would be inequitable when the litigation resulted from plaintiffs own purposeful repeated violations of law
- noting in dicta that “counsel has no standing to apply to the public fisc for payment . . . on his own behalf” under the Equal Access to Justice Act, which provides that “‘a court shall award to a prevailing party . . . fees and other expenses’” (quoting 28 U.S.C. § 2412(d
- “The EAJA . . . explicitly directs a court to apply traditional equitable principles in ruling upon an application for counsel fees by a prevailing party.”
- “The EAJA . . . explicitly directs a court to apply traditional equitable principles in ruling upon an application for counsel fees by a prevailing party.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Van Graafeiland, Mes-Kill, Winter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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