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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:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- $1.25 Million Paid for Special Needs Teen’s Fatal Beating in Houston Jail, May 1, 2026. Prisoner-Prisoner Assault, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness), Cruel and Unusual Punishment.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- “Large Fight” Broke Out at Alaska Prison After Downsizing Effort, April 1, 2026. Transfers, Cost of Prison Systems, Totality of Conditions, Failure to Protect (General), Overcrowding.
- Five Prisoners in Georgia Injured in Fight, Two Months After Three Prisoners Were Killed, April 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Staffing.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Georgia Grand Jury Scolds Augusta Jail for Overcrowding Days Before Violent Detainee Assault, March 1, 2026. Private Contractors, Failure to Protect (General), Overcrowding, Staffing, Failure to Treat (Mental Illness).
- Maryland Prisons Reel from Growing Number of Prisoner Deaths, March 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Staffing, Deliberate Indifference.
- Southern Poverty Law Center Report Shows Culture of Abuse at Florida Prison, March 1, 2026. Failure to Protect (General), Overcrowding, Staffing, Pepper Spray/Tear Gas, Administrative Detention/Segregation.
- Three Prisoners Killed in Fight at Georgia Prison, Feb. 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Eighth Amendment, Staffing.

