Rodriguez

Plaintiffs-Appellees, five members of the family of Maria Rodriguez (the Rodriguez family), sued the United States following an attempt by four federal immigration officers to execute an administrative warrant for the arrest and removal of Marisela Rodriguez-Wence at the Rodriguez family’s home (the Operation). After a bench trial, the district court entered judgment for the Rodriguez family on some of its claims against the United States under the Federal Tort Claims Act (FTCA) and awarded the Rodriguez family a total of $230,000 in damages. The Rodriguez family moved for attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (b). The district court awarded the Rodriguez family $917,684.82 in fees on the grounds that the government litigated a number of issues in bad faith and that the government’s pre-litigation conduct was in bad faith. The government now appeals the fee award. We affirm, in part, reverse, in part, and remand to the district court.

FACTUAL AND PROCEDURAL BACKGROUND

A. Pre-Operation Investigation

Before attempting to arrest Rodriguez-Wence at the Rodriguez family’s home on Piedmont Street in Oxnard, California, Thompson, the officer in…