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SANCHEZ v. ROWE

No. 87-1439.

870 F.2d 291 (1989)

Jose Piedad SANCHEZ, Plaintiff-Appellant, v. Bill ROWE, In his Individual and Official Capacities as a U.S. Border Patrol Agent, et al. Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 18, 1989.

Attorney(s) appearing for the Case

Lee J. Teran, San Antonio, Tex., for plaintiff-appellant.

Robert K. Rasmussen, Atty., U.S. Dept. of Justice, Appellate Staff, William Kanter, Atty., Civil Div., Washington, D.C., for defendants-appellees.

Before CLARK, Chief Judge, TIMBERS and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

This case raises issues concerning the recovery of costs and attorney's fees under the Equal Access to Justice Act when the underlying claim is based on the Federal Tort Claims Act. We hold that an award of attorney's fees and expenses is barred as a matter of law under 28 U.S.C. 2412(b) and (d)(1)(A), but remand for an award of costs under 28 U.S.C. 2412(a).

I.

Plaintiff Jose Sanchez prevailed at trial on his claim...

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