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BRZONKALA v. MORRISON

No. 00-2437.

272 F.3d 688 (2001)

Christy BRZONKALA, Plaintiff, and United States of America, Intervenor-Plaintiff-Appellee, v. Antonio J. MORRISON; James Landale Crawford, Defendants-Appellants, and Virginia Polytechnic Institute and State University; Cornell D. Brown; William E. Lansidle, in his capacity as Comptroller of the Commonwealth, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 3, 2001.

Attorney(s) appearing for the Case

ARGUED: Hans Frank Bader, Center For Individual Rights, Washington, DC, for Appellants. Michael Eugene Robinson, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Appellee. ON BRIEF: Michael E. Rosman, Center for Individual Rights, Washington, DC; W. David Paxton, Gentry, Locke, Rakes & Moore, Roanoke, VA; Joseph Graham Painter, Jr., Joseph Graham Painter, Jr., P.C., Blacksburg, VA, for Appellants. Stuart E. Schiffer, Acting Assistant Attorney General, Robert P. Crouch, Jr., United States Attorney, Michael Jay Singer, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Appellee.

Before WIDENER, LUTTIG, and MOTZ, Circuit Judges.

OPINION

LUTTIG, Circuit Judge.

Antonio J. Morrison and James L. Crawford successfully challenged the constitutionality of Subtitle C of the Violence Against Women Act. Morrison and Crawford now seek attorneys' fees against the United States pursuant to the Equal Access to Justice, Act, 28 U.S.C. § 2412 ("EAJA").

I.

In 1995, Christy Brzonkala filed a complaint in federal district court against Morrison and Crawford under Subtitle C...

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