United States Eighth Circuit

In an attorney's fee dispute interpreting the Equal Access to Justice Act (EAJA), an award of attorney's fees offset against debts owed by the prevailing party to the federal government was reversed where: 1) the attorney independently sued under the Fourth Amendment to collect fees not offset against the prevailing party's debts; and 2) attorney's fees awarded under the EAJA are awarded to the prevailing party-s attorney, not the prevailing party.

Appellate Information

• Decided 09/05/2008
• Published 09/05/2008

Judges

• MELLOY, Circuit Judge., Before MELLOY, GRUENDER, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• James D. Leach, argued, Rapid City, SD, for appellant.


• For Appellees:
  
• Michael E. Robinson, argued, U.S. DOJ, Washington, DC, Cheryl Schrempp Dupris, AUSA, on the brief, Pierre, SD, Wayne M. Stanley, Spec. AUSA, SSA, Denver, CO, and Deanna R. Ertl-Lombardi, Regional Chief Counsel, SSA, Denver, CO, for appellee.