$300,000 Settlement in EAJA Suit
$300,000 Settlement in EAJA Suit
by David Reutter
The Bureau of Prisons (BOP) agreed to pay $300,000 to settle a claim under the Equal Access to Justice Act for “Attorney’s fees, expert fees and costs” to challenge the BOP’s “Violation of its own rules and regulations.”
As reported in the September, 2011 issue of PLN, Nicole Michelle Defontes successfully challenged the violation of her community release.
The violation was for failing a urinalysis, which Defontes said was a false positive from eating a poppy seed roll. BOP unbelievably argued that consumption of the roll was itself a violation because the seeds share characteristics of opiates. Defontes argued she had not in fact failed the drug test, for she registered 0.1 milligrams per milliliter, which is well below the minimum .3 mpm for a positive test result.
After the Florida federal district court granted Defontes’ habeas corpus petition, Defontes moved under 28 U.S.C. §§ 2412 and 1927 for recovery of fees and costs. BOP agreed to the settlement on January 19, 2011. Defontes was represented by attorney Daniel S. Friedman from the Holland & Knight law firm. See: Defontes v. Rathman, USDC, S.D. Florida, Case No 09-2z680-civ-Cooke-Bandstra.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Defontes v. Rathman
| Year | 2011 |
|---|---|
| Cite | USDC, S.D. Florida, Case No 09-2z680-civ-Cooke-Bandstra |
| Level | District Court |
| Conclusion | Settlement |
| Attorney Fees | 300,000.00 |