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U.S. v. JONES

No. 96-7016.

125 F.3d 1418 (1997)

UNITED STATES of America, Plaintiff-Appellant, Curtis Williams, Intervenor-Plaintiff, v. John W. JONES, Jr., W.D. Nichols, Roy Moore, In his official capacity as member of the Dallas County Commission, John Lide, Defendants-Appellees, W.A. Kynard, Gwendolyn Mock Shaw, Eskine Minor, In his official capacity as member of the Dallas County Commission, Perry Varner, In his official capacity as member of the Dallas County Commission, Curtis Williams, In his official capacity as member of the Dallas County Commission, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

October 29, 1997.

Attorney(s) appearing for the Case

Thomas E. Chandler, Louis E. Peraertz, U.S. Dept. of Justice, Washington, DC, for Plaintiff-Appellant.

John W. Kelly, III, Selma, AL, for Dallas County Commissioner and individually named Commissioners.

Cartledge W. Blackwell, Jr., Blackwell & Keith, Selma, AL, for Jones and Huffman.

John E. Pilcher, Pilcher & Pilcher, Selma, AL, for Jones.

Before ANDERSON and COX, Circuit Judges, and ALARCÓN, Senior Circuit Judge.

ALARCÓN, Senior Circuit Judge:

The United States appeals from the district court's order granting John W. Jones Jr., W.D. Nichols, John T. Lide, and Roy Moore (collectively "the Defendants")1 attorneys' fees, costs, and expenses under the Equal Access to Justice Act (collectively "EAJA fees"). The district court based the award of EAJA fees on its determination that the United States' claim that the conduct of the defendants violated...

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