Lorna Kreines v. United States of America, and Jack McMenimen Wayne Yamashita

Lorna Kreines appeals from an order denying her post-judgment motion for attorney’s fees and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (d) (1988). The district court ruled that because Kreines prevailed in her civil action against two federal officers in their individual capacities, she is not entitled to attorney’s fees under the EAJA. Kreines v. United States, 812 F.Supp. 164 (N.D.Ca.1992). We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

In January 1987, Kreines filed a complaint against the United States and various state, individual, and Doe defendants for damages under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971) for violation of her Fourth Amendment rights in connection with the search of a home in Sausalito, California in which Kreines was renting a studio apartment. She prevailed on her claim against defendants Jack McMenimen, an IRS agent, and Wayne Yamashita, a U.S. Customs agent, and the court entered judgment of $7,000 against each individual defendant. This court affirmed. See Kreines v. United States, 959 F.2d 834 (9th Cir.1992). The United States paid…