WILLIE JASPER DARDEN, PETITIONER-APPELLANT, CROSS-RESPONDENT,
v.
LOUIE L. WAINWRIGHT, SECRETARY, DEPARTMENT OF CORRECTIONS, STATE OF FLORIDA, RESPONDENT-APPELLEE, CROSS-PETITIONER

11th Cir. | 1986-10-15
No. 81-5590
803 F.2d 613 Court of Appeals for the Eleventh Circuit (1986) Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM:

PER CURIAM:

The judgment of this court as published in 767 F. 2d 752 (11th Cir.1985), was affirmed by the Supreme Court of the United States and remanded to this court for further proceedings in conformity with the opinion of the Supreme Court, --- U.S. ---, 106 S.Ct. 2464, 91 L.Ed.2d 144.

Accordingly, the judgment of the Supreme Court is made the judgment of this court and the judgment of the district court denying the petition for writ of habeas corpus is

AFFIRMED.1

. The mandate shall issue forthwith.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (11 total)

  • Sliwa v. Commissioner OF Internal Revenue, 839 F.2d 602 (9th Cir. 1988)
    …nstruction of the statute.5 The District of Columbia, Tenth, and Eleventh Circuits have held that the “position of the United States” which must be examined is limited to the government’s in-court litigating position. Ewing and Thomas, P. W v. Heye, 803 F. 2d 613 (11th Cir.1986); Baker v. Commissioner, 787 F. 2d 637, 641 & n. 8 (D.C.Cir.1986); United States v. Balanced Financial Management, Inc., 769 F. 2d 1440, 1450 (10th Cir.1985). The First and Fifth Circuits, on the other hand, agree that the governmen…
    1 / 2
  • Rafeh-Rafie Ardestani v. United States Dep't of Just., 904 F.2d 1505 (11th Cir. 1990)
    …91 L.Ed. 577 (1947). A court may not “grant attorneys’ fees and costs against the United States in the absence of a congressional or constitutional waiver of sovereign immunity which grants it the authority to do so.” Ewing & Thomas, P.A. v. Heye, 803 F. 2d 613, 616 (11th Cir.1986). Since EAJA waives sovereign immunity in allowing attorney fees against the United States, it must be construed strictly. Haitian Refugee Center v. Meese, 791 F. 2d 1489, 1494 (11th Cir.), vacated in part on other grounds, 804…
  • Leopold Z. Sher and Karen B. Sher v. Commissioner OF Internal Revenue, 861 F.2d 131 (5th Cir. 1988)
    …Internal Revenue, 842 F. 2d 1005, 1008 (8th Cir.1988) (“the position of the United States ‘in the civil proceeding’ encompasses only the government’s in-court litigating position.”); Ewing and Thomas, P.A. v. Heye (Commissioner of Internal Revenue), 803 F. 2d 613, 616 (11th Cir.1986) (“§ 7430 as drafted by Congress, does not allow for [awards for unreasonable actions during the administrative process]”); Baker v. Commissioner of Internal Revenue, 787 F. 2d 637, 641 (D.C.Cir.1986) (“section 7430 and its legis…

Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw