EAST BATON ROUGE PARISH SCHOOL BOARD ET AL.
v.
KNIGHTS OF THE KU KLUX KLAN, REALM OF LOUISIANA, ET AL.

U.S. | 1981-11-30
No. 80-2086
454 U.S. 1075 Supreme Court of the United States (1981) Positive Treatment
Cited by 6 cases

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  • …ice Act (EAJA) went into effect. 5 U.S.C. § 504, 28 U.S.C. § 2412 (West.Supp.1981). Because the EAJA allows attorneys’ fees awards to certain parties prevailing in actions against the federal government, the Supreme Court has now remanded this case, 454 U.S. 1075, 102 S.Ct. 626, 70 L.Ed.2d 609 for reconsideration in light of that Act.1 I. Attorneys’ Fees Awards Under the EAJA Prior to implementation of the EAJA, 28 U.S.C. § 2412 barred an award of attorneys’ fees to the prevailing party in any civil action…
  • Lauritzen v. Secretary of the Navy, 736 F.2d 550 (9th Cir. 1984)
    …th Cir. Feb. 7, 1984); Boatowners and Tenants Ass’n v. Port of Seattle, 716 F. 2d 669, 672-73 (9th Cir.1983). . Lauritzen maintains that the Supreme Court’s order vacating and remanding East Baton Rouge Parish School Board v. Knights of the K.K.K., 454 U.S. 1075, 102 S.Ct. 626, 70 L.Ed.2d 609 (1981), for reconsideration in light of EAJA supports her interpretation of § 2412(b). However, the Court’s order and the Fifth Circuit's subsequent opinion do not suggest that the government is liable under § 2412(b)…
  • …rt to award attorney’s fees against the Board. While KKK II was pending before the Supreme Court, the Equal Access to Justice Act was enacted, 5 U.S.C. § 504, 28 U.S.C. § 2412 (1982), and the Supreme Court remanded for reconsideration in its light. 454 U.S. 1075, 102 S.Ct. 626, 70 L.Ed.2d 609 (1981). On remand, we held that the EAJA applied retroactively, Klan III, 679 F. 2d 64, and again remanded to the district court, instructing it to determine which provision of the EAJA was applicable to the government…

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