Jennings v. Metropolitan Government of Nashville And Davidson County And John Brewer

The Metropolitan Government of Nashville and Davidson County, Tennessee (Metro) and its deputy sheriff John Brewer (Brewer) appeal from the award of attorneys fees in this civil rights action. Appellee sued Metro and Brewer as well as a private individual named Steve T. Murpff under the Civil Rights Act of 1964, 42 U.S.C. § 1981 et seq., for injuries sustained during a disturbance at the Metro workhouse. The lawsuit was settled between the parties before trial in two separate settlement agreements. In the first, Metro agreed to pay $2,000 to Jennings on behalf of Metro and Brewer. An order was entered by the court on February 19, 1980, acknowledging the settlement between the parties and dismissing the case "without costs and without prejudice to the right, upon good cause shown within sixty (60) days, to reopen the action if the settlement is not consummated." Metro paid the $2,000 and by an agreed order dated March 11, 1980, the action was dismissed "with prejudice" as against Metro and Brewer. This final order did not mention costs.