BOUDIN v. THOMAS

Nos. 467, 468, Dockets 83-2170, 83-2174.

732 F.2d 1107 (1984)

Kathie BOUDIN, Plaintiff-Appellee-Cross-Appellant, v. Dale THOMAS, Warden of Metropolitan Correctional Facility, Norman Carlson, Director of Federal Bureau of Prisons, John S. Martin, Jr., United States Attorney, Thomas Coughlin, the Commissioner of Correction of the State, Kenneth Gribetz, District Attorney of Rockland County and Elijah Coleman, Superintendent of the Rockland County Jail, Defendants, Dale Thomas, Warden of Metropolitan Correctional Facility, Norman Carlson, Director of Federal Bureau of Prisons, and John S. Martin, Jr., United States Attorney, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 17, 1984.


Attorney(s) appearing for the Case

Ellen J. Winner, New York City (Martin Garbus, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, Frankfurt, Garbus, Klein & Selz, New York City, of counsel), for plaintiff-appellee-cross-appellant.

Carolyn L. Simpson, Asst. U.S. Atty., S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Peter C. Salerno, Asst. U.S. Atty., S.D.N.Y., New York City, of counsel), for defendants-appellants-cross-appellees.

Before MESKILL, CARDAMONE and PIERCE, Circuit Judges.


MESKILL, Circuit Judge:

The United States appeals from an order of the United States District Court for the Southern District of New York, Duffy, J., granting appellee Kathie Boudin attorney's fees of $37,740 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (1982). The fees were based on earlier litigation over the conditions of Boudin's confinement at the Metropolitan Correctional Center (MCC), a federal correctional institution in New York City...

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