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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.