DUBOSE v. PIERCE

Nos. 581, 582, 583, Dockets 84-6145, 84-6169, 84-6171, 85-6017.

761 F.2d 913 (1985)

Vernice DUBOSE, Susan Daigle, individually and on behalf of all others similarly situated, Plaintiffs, Connecticut Legal Services, Inc., San Fernando Valley Neighborhood Legal Services, Appellees-Cross-Appellants, v. Samuel R. PIERCE, Jr., individually and in his official capacity as Secretary of the U.S. Department of Housing and Urban Development; Windham Heights Associates, a limited partnership; Anthony Associates, a general partnership; and Simon Konover, individually and in his official capacity as a general partner in Windham Heights Associates and Anthony Associates, Defendants, Samuel R. Pierce, Jr., individually and in his official capacity as Secretary of the U.S. Department of Housing and Urban Development, Defendant-Appellant-Cross-Appellee. Claudia WALTER and Dominick Cortese, individually and on behalf of all other persons similarly situated, Plaintiffs, Connecticut Legal Services, Inc., San Fernando Valley Neighborhood Legal Services, Appellees-Cross-Appellants, v. Samuel R. PIERCE, Jr., individually and in his official capacity as Secretary of the U.S. Department of Housing and Urban Development; Carabetta Enterprises, Inc., a corporation organized and existing under the laws of the State of Connecticut, located in the Town of Meriden, County of New Haven, State of Connecticut, Defendants, Samuel R. Pierce, Jr., individually and in his official capacity as Secretary of the U.S. Department of Housing and Urban Development, Defendant-Appellant-Cross-Appellee. Janette LITTLE, individually and on behalf of all others similarly situated, Plaintiff, Connecticut Legal Services, Inc., San Fernando Valley Neighborhood Legal Services, Appellees-Cross-Appellants, v. Samuel R. PIERCE, Jr., individually and in his official capacity as Secretary of the U.S. Department of Housing and Urban Development; Richard Brown, individually and in his capacity as part-owner of East Hartford Estates; Oak Management Co., Inc., a Connecticut Corporation; Louis Brown, individually and in his capacity as part-owner of East Hartford Estates, Defendants, Samuel R. Pierce, Jr., individually and in his official capacity as Secretary of the U.S. Department of Housing and Urban Development, Defendant-Appellant-Cross-Appellee. May PLEASANT, individually and on behalf of others similarly situated, Plaintiff, Connecticut Legal Services, Inc., San Fernando Valley Neighborhood Legal Services, Appellees-Cross-Appellants, v. Samuel R. PIERCE, Jr., Secretary of the U.S. Department of Housing and Urban Development; Tuscan Brotherhood Homes, Inc., A Connecticut corporation, Defendants, Samuel R. Pierce, Jr., Secretary of the U.S. Department of Housing and Urban Development, Defendant-Appellant-Cross-Appellee. Pantaleon MORALES, Ylda Ladson and Margaret Williams, individually and on behalf of those similarly situated, Plaintiffs, Connecticut Legal Services, Inc., San Fernando Valley Neighborhood Legal Services, Appellees-Cross-Appellants, v. Samuel R. PIERCE, Jr., individually and in his capacity as Secretary of the U.S. Department of Housing and Urban Development; William H. Hernandez, Jr., individually and in his capacity as Manager for Connecticut for the U.S. Department of Housing and Urban Development; Canterbury Gardens Cooperative, Inc. and Ripps Realty, Inc., Defendants, Samuel R. Pierce, Jr., individually and in his capacity as Secretary of the U.S. Department of Housing and Urban Development; William H. Hernandez, Jr., individually and in his capacity as Manager for Connecticut for the U.S. Department of Housing and Urban Development, Defendants-Appellants-Cross-Appellees. Cathy ADAMS, Sheila Caqette, Barbara Littlejohn and Hazel French, individually and on behalf of all others similarly situated, Plaintiffs, Connecticut Legal Services, Inc., San Fernando Valley Neighborhood Legal Services, Appellees-Cross-Appellants, v. Samuel R. PIERCE, Jr., individually and in his official capacity as Secretary of the U.S. Department of Housing and Urban Development; Branford Manor Associates, Bay Management Corporation, Marvin S. Gold, Annette E.P. Gold, Milton A. Bernblum, John J. Groves, and Burton Levy, individually and as general partners in Branford Manor Associates, Defendants, Samuel R. Pierce, Jr., individually and in his official capacity as Secretary of the U.S. Department of Housing and Urban Development, Defendant-Appellant-Cross-Appellee. Merry Ellen GRUNDMAN, individually and on behalf of all others similarly situated, Plaintiff, Connecticut Legal Services, Inc., San Fernando Valley Neighborhood Legal Services, Appellees-Cross-Appellants, v. Samuel R. PIERCE, Jr., individually and in his capacity as Secretary of the U.S. Department of Housing and Urban Development; John Errichett, individually and in his capacity as owner of Highwood Apartments; Creative Management & Realty, a Connecticut Corporation, Defendants, Samuel R. Pierce, Jr., individually and in his capacity as Secretary of the U.S. Department of Housing and Urban Development, Defendant-Appellant-Cross-Appellee. Joann JOHNSON and Frank Jackson, individually and on behalf of all others similarly situated, Plaintiffs, Connecticut Legal Services, Inc., San Fernando Valley Neighborhood Legal Services, Appellees-Cross-Appellants, v. Samuel R. PIERCE, Jr., individually and in his capacity as Secretary, U.S. Department of Housing and Urban Development; William H. Hernandez, Jr., individually and in his capacity as Manager for Connecticut for the U.S. Department of Housing and Urban Development and Ripps Realty, Inc., Defendants, Samuel R. Pierce, Jr., individually and in his capacity as Secretary, U.S. Department of Housing and Urban Development; William H. Hernandez, Jr., individually and in his capacity as Manager for Connecticut for the U.S. Department of Housing and Urban Development, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 14, 1985.


Attorney(s) appearing for the Case

John S. Koppel, Dept. of Justice, Civ. Div., Washington, D.C. (Richard K. Willard, Acting Asst. Atty. Gen., Robert S. Greenspan, Dept. of Justice, Washington, D.C., Alan H. Nevas, U.S. Atty., D. Connecticut, New Haven, Conn., of counsel), for appellants-cross-appellees.

Dennis J. O'Brien, Connecticut Legal Services, Inc., Willimantic, Conn. (Douglas M. Crockett, Norman K. Janes, Connecticut Legal Services, Inc., Willimantic, Conn., of counsel), for appellees-cross-appellants Connecticut Legal Services, Inc.

William H. Clendenen, New Haven, Conn. (Fred Altshuler, Lew Hollman, San Fernando Valley Neighborhood Legal Services, Inc., Pacoima, Cal., of counsel), for appellees-cross-appellants San Fernando Valley Neighborhood Legal Services, Inc.

Before VAN GRAAFEILAND, MESKILL and WINTER, Circuit Judges.


MESKILL, Circuit Judge:

This action is before us on appeal from a judgment entered in the United States District Court for the District of Connecticut, Blumenfeld, J., granting plaintiffs' motion for attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (1982) (EAJA). The court held that the government's position in litigation was not substantially justified so that a fee award to plaintiffs was proper. Because we disagree with...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases