GUERRERO-SERQUEN

v.

UNITED STATES

Citator

Cited By

• KAY v. Ehrler, 499 U.S. 432 (U.S. 1991)
  …District Court, and prevailed.2 This time, however, he requested a fee award under 42 U. S. C. § 1988.3 The District Court denied petitioner’s request for attorney’s fees under § 1988 based on Falcone v. IRS, 714 F. 2d 646 (CA6 1983), cert. denied, 466 U. S. 908 (1984).4 App. [*435] to Pet. for Cert. 14a. The United States Court of Appeals for the Sixth Circuit affirmed. 900 F. 2d 967 (1990). The majority read the language of the statute as assuming the existence of “a paying relationship between an attorne…
• Duncan v. Poythress, 777 F.2d 1508 (11th Cir. 1985)
  …ey pro se plaintiff not entitled to fees).7 Circuit courts are divided as to whether attorney pro se litigants are entitled to fees in contexts other than section 1988. Falcone v. Internal Revenue Service, 714 F. 2d 646 (6th Cir.1983), cert. denied, 466 U.S. 908, 104 S.Ct. 1689, 80 L.Ed.2d 162 (1984) (attorney-litigant in Freedom of Information Act (FOIA) suit denied fees); Cazalas v. United States Department of Justice, 709 F. 2d 1051 (5th Cir.1983) (attorney-litigant entitled to fees in FOIA case); White…
• Aronson v. United States Dep't OF Hous. & Urban Dev., 866 F.2d 1 (1st Cir. 1989)
  …33 (1987). As far as we can determine, only three circuits have considered the question of whether lawyers acting pro se in FOIA cases should be awarded attorney fees for their time. In Falcone v. I.R.S., 714 F. 2d 646 (6th Cir.1983), cert. denied, 466 U.S. 908, 104 S.Ct. 1689, 80 L.Ed.2d 162 (1984), the court held “that the same reasons which led us, and the majority of the other circuits, to deny attorney’s fees to pro se non-lawyer FOIA plaintiffs apply with equal validity to pro se attorney plaintiffs.…