United States Ninth Circuit
Ibrahim v. US Dep't of Homeland Sec., 14-16161
In an underlying action seeking monetary and equitable relief against various state and federal officials based on her inclusion in the government's terrorist databases, including the No-Fly List, the District Court's award of attorney's fees and expenses pursuant to the Equal Access to Justice Act (EAJA) and the Supreme Court's decision in Hensley v. Eckerhart, 461 U.S. 424 (1983), is: 1) reversed in part where in light of the Supreme Court's decision in Commissioner, INS v. Jean, 496 U.S. 154 (1990) (providing that courts are to make but one substantial justification determination on the case as a whole), the district court erred by making multiple substantial justification determinations; 2) reversed as to various reductions imposed on plaintiff's eligible fees arising from its incorrect substantial justification analysis; 3) affirmed as to the district court's bad faith findings as well as its relatedness findings under Hensley; and 4) affirmed as to the striking of plaintiff's objections to the special master's report on expenses.
Appellate Information
- Decided
- Published 2016/08/30
Judges
- LAMBERTH
Court
- United States Ninth Circuit