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Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape Suit
Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape suit
By Mark Cook
The U.S. District Court for the Northern District of California held: (1) prisoners' action was not one sounding in tort, so an attorney fee award was not barred by sovereign immunity; (2) fact that attorneys …
By Mark Cook
The U.S. District Court for the Northern District of California held: (1) prisoners' action was not one sounding in tort, so an attorney fee award was not barred by sovereign immunity; (2) fact that attorneys …
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More from this issue:
- The Restraint Chair: Safe and Humane?, by Anne-Marie Cusac
- Prison Realty/CCA Bailout Deal Canceled
- Deviant Doctors Dumped on Prisoners
- Former Political Prisoner Settles Suit for $4.5 Million
- Penis Stomping Guard Loses Appeal
- PLN Sues Nevada DOP
- WA and IN Prison Phone Rates Challenged
- Pro Se Tips and Tactics, by John Midgley
- The Ride: Rise of the NLR, by Willie Wisely
- Colorado DOC Attacks Jailhouse Lawyers
- Sex Offender Label May Require Due Process
- Change in Fulton County, GA: Indigent Defense, HIV, and Community Organizing, by Lisa Zahren
- Prison Physician Liable for Refusal of Care, by Ronald Young
- Washington Earned Early Release Credits Create Due Process Liberty Interests, by Mark Cook
- Fines Against WA Civil Commitment Center Stayed, by Dan Pens
- U.S. Parole Commission Retaliation Reversed, by Scott Fleming
- $53,000 Settlement in AL Conditions Suit
- Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape Suit, by Mark Cook
- Bush's Conservative Compassion: Allowing a Life Sentence for Three Bounced Checks
- Censorship challenged in CO DOC
- News in Brief
- No Qualified Immunity from ETS Exposure
- Two Guards Killed During Botched Missouri Jail Escape
- Race-Based Religious Policy Violates Equal Protection Clause
More from Mark Cook:
- Washington Earned Early Release Credits Create Due Process Liberty Interests, Sept. 15, 2000
- Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape Suit, Sept. 15, 2000
- Death Blossoms, July 15, 1997
- Letter From Mark Cook, Sept. 15, 1994
- How to Win Disciplinary Hearings (Book Review), Aug. 15, 1994
- Prisoners Are Entitled to Recovery For Underpayment of Wages, Sept. 15, 1991
More from these topics:
- South Carolina Supreme Court Reverses Class Action Status in Prisoners’ Sexual Assault Lawsuit, Oct. 1, 2026. Sexual Assault, Failure to Protect (General), Class Certification, Prison Rape Elimination Act, Appealable Issues/Orders.
- Maryland Pays $314,000 for Stonewalling Public Records Requests in Prisoner’s Dehydration Death, Oct. 1, 2026. DOC/BOP misconduct, Water, Attorney Fee Awards, Settlements, Public Records Act.
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026. Plumbing, Sanitation, Summary Judgment, Costs, Deliberate Indifference.
- San Francisco Jail Survey Exposes Abuse, Malnutrition and Constitutional Violations, Oct. 1, 2026. Failure to Protect (General), Food, Guard Brutality/Beatings, Attorney Visits, Pretrial Detention and Detainees.
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026. Qualified Immunity, Sovereign Immunity, Failure to Protect (Wrongful Death), Suicides, Deliberate Indifference.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026. Failure to Protect (General), Staffing, Security Systems, Summary Judgment, Deliberate Indifference.
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- What 911 Calls Reveal About Jail Operations, Sept. 1, 2026. Systemic Medical Neglect, Statistics/Trends, Failure to Protect (General), Staffing, Staff Training.
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.

