United States Ninth Circuit

Under the Equal Access to Justice Act, 28 USC 2412(d)(1), the determination of whether the government's actions were "substantially justified" is limited by the prevailing party's challenge.

Appellate Information

• Argued 10/17/2001
• Decided 01/17/2002
• Published 01/17/2002

Judges

• Before:  BROWNING, FERNANDEZ and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Shawn R. Perez, Dana Point, California, for the defendant-appellant., Elana Artson and Steven R. Welk, Assistant United States Attorneys, Los Angeles, California, for the plaintiff-appellee.