×
You've used up your 3 free articles for this month. Subscribe today.
Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA
Loaded on March 15, 2006
published in Prison Legal News
March, 2006, page 38
Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA
Filed under:
Classification,
Work Release,
Attorney Fee Awards,
Habeas Corpus,
Sovereign Immunity.
Location:
North Carolina.
The Fourth Circuit Court of Appeals reversed a district courts award of $35,934.66 in attorneys fees, costs, and expenses under the Equal Access to Justice Act (EAJA), in a federal habeas corpus proceeding.
Joseph OBrien pled ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Federal Court Seizes California Prisons' Medical Care; Appoints Receiver With Unprecedented Powers
- Ten Deaths At San Quentin from Macabre" Healthcare
- California Prison Doctor Suspended Following Three Prisoner Deaths
- From the Editor
- Los Angeles County Pays $900,000 to Parents of Murdered Informant in Jail
- NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments
- Dallas Fake Drug Cases Settle For Millions, Jury Awards Damages
- Wisconsin Prison Employee Raped By Prisoner Awarded $366,000
- New York City Pays $75,000 for 28.5 Days False Imprisonment
- Supreme Court: Prisoners' ADA Right to Sue for Damages Trumps State's Sovereign Immunity
- Michigan Jail's Disproportionate Treatment of Women Results in $855,000 Settlement Agreement
- Texas Legislature Requires HIV Testing for Prisoners, by Gary Hunter
- Texas Prisoners Again Have Limited Right to Appear in Civil Cases
- New York City Jail Strip Search Suit Settles For $30 Million
- Florida Awards $2 Million to Wrongfully Convicted Man
- California Enacts Strong Sexual Abuse in Detention Elimination" Act
- Police Department Class Action Fraud Suit Filed Against Stun Gun Maker
- New Mexico Jail Prisoners Raped by Judge and Guards Settle for $890,000
- PLN Questions John Ashcroft on the Death Penalty
- Wackenhut Settles Pennsylvania Suicide Suit For $125,000
- Appointment Of Counsel Ordered To Determine California Prisoner's Request For Post-Appeal DNA Testin
- Washington Jail Pays Teenager $400,000 for Rape While Imprisoned
- New York Governor Illegally Halts the Release of 12 Sex Offenders
- BOP Enjoined from Terminating Boot Camp Program
- Sixth Circuit Upholds Michigan Ban On Prisoner Appeals of Discretionary Denials of Parole
- Wrongfully Imprisoned D.C. Disabled Man Settles Suit For $1.74 Million
- Former Riker's Island Head Goes to Prison
- $3.6 Million Awarded in Rape and Murder by Erroneously Released NY Prisoner
- BOP Awards Unisys Corp. Nationwide Prison Phone Contract
- Federal Government Bans Medicaid Impotence Drugs for Sex Offenders
- BOP Secret Squirrel Photo File" Suit Remanded
- New York Jail Prisoner Injured In Assault Awarded $750,000
- Rebellion at CCA Prison in Texas
- Arkansas Juvenile Prisons Cornell Kills a Prisoner, Hires Guard DOC Fired
- Washington State Forensic Scientist Helps Convict the Innocent, FBI Assists
- Avalon Correctional Services Delisted From NASDAQ
- Civil Commitment of Massachusetts Sex Offenders Expanding
- California Lifer's Understanding of Plea Agreement Does Not Create Entitlement to Parole
- York County, Maine, Settles Class Action Strip-Search Suit for $3,300,000
- Florida DOC's Copy Cost Assessment Rule Declared Invalid, by David Reutter
- New Jersey's Legal Mail Policy Enjoined; Qualified Immunity Granted
- Michigan Jail Settles Suicide Suit for $280,000
- Pre-Trial Defendant Released on Recognizance Is Not Subject to Warrantless Search Without Probable C
- Los Angeles County Pays Prisoner $42,500 for Legal Malpractice by Public Defender
- California Pays Innocent Prisoner $328,000 for Nine Years in Prison, by John Dannenberg
- California DOC Watched Over by Toothless Bureau of Independent Review
- New Jersey Settles Prisoners Freedom of Religion Suit
- COPS Program Fails To Arrest Crime, Funding Improprieties
- Withholding Legal Mail States Legal Access Claim
- Florida Closes Scandal Ridden Girls Facility, Takes Over Control of Another Juvenile Facility
- Theft of Prisoners Book by Guards Valid Legal Basis for Texas Civil Suit
- Nebraska Supreme Court Reverses Dismissal of Prisoners Drug Testing § 1983 Claim
- Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA
- Court Orders Mob Boss Released from SHU
- New York Jail Detainee Awarded $233,000 in Damages and Fees for Excessive Force Claim, by David Reutter
- Sixth Circuit PLRA Fee Set at $169.50 Not $135
- Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case
- Washington Settles Prisoners Medical Indifference Suit for $370,000
- News in Brief
- Ninth Circuit Reverses Dismissal of ADA Suit for Failure to Exhaust
More from these topics:
- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner, Aug. 1, 2025. Habeas Corpus, Death Penalty, Death Row.
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.
- Lawsuits Filed After Fatal Assault on Elderly Prisoner at Kentucky Jail, July 15, 2025. Classification, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice.
- Hyundai Parts Supplier Stops Using Prison Slave Labor in Alabama, July 15, 2025. Work Release, Prison Labor, Work Conditions/Safety, Workers' Compensation.
- South Carolina Prisoners Granted Class-Action Status in Suit Over Low Wages in Prison Industries Jobs, July 15, 2025. Work Release, Prison Labor, Workers' Compensation.
- Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion, July 1, 2025. Rehabilitation/Recidivism, Habeas Corpus, Threats.
- Kansas Pays $150,000 for Prisoner Killed by Cellmate, Centurion Settlement Confidential, June 1, 2025. Classification, Failure to Protect (General), Failure to Protect (Wrongful Death), Failure to Treat (Mental Illness).
- Four Arizona Prisoners Dead After Being Celled with Leader of 2004 Standoff, June 1, 2025. Classification, Failure to Protect (General).
- $50,000 for Excessive Force Claim by Maryland Prisoner Who Used to Be a Guard, June 1, 2025. Classification, Guard Brutality/Beatings, Legal Mail.
- Eighth Circuit Lets Missouri Guard Skate For Placing Avowed Enemies In Same Cell, Resulting In Assault, June 1, 2025. Classification, Failure to Protect (General), Qualified Immunity.