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Government to pay $1.325M legal fees for HIV-positive service members

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Lambda Legal announced that the government will pay $1,325,000 to settle certain Equal Access to Justice Act (EAJA) claims for attorney’s fees and costs incurred by Lambda Legal, Modern Military Association of America (MMAA) and several private law firms for their work on behalf of three active U.S.

military service members living with HIV who were denied commissions or threatened with discharge due to their HIV status. The settlement comes in two cases, Harrison v.

Austin filed on behalf of Sergeant Nick Harrison of the D.C. Army National Guard, who was denied a commission and Roe v. Austin filed on behalf of two airmen using the pseudonyms Richard Roe and Victor Voe, whom the Air Force attempted to discharge.

MMAA is also an organizational plaintiff in Harrison and Roe to advance the interests of its members living with HIV and serving in the military.

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