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DOTSON v. CHESTER

Nos. 90-6858, 90-6900.

937 F.2d 920 (1991)

Michael N. DOTSON, Wayne Musgrove, and all others similarly situated, Plaintiffs-Appellees, v. Lemuel CHESTER; Jack Colbourne; Charles Dayton; William I. Wingate; Calvin Travers, in their individual and official capacities as members of the Board of County Commissioners of Dorchester County, Defendants-Appellants, and Donald Satterfield; Phillip H. McKelvey, Sheriff of Dorchester County, Defendants (Two Cases).

United States Court of Appeals, Fourth Circuit.

Decided June 5, 1991.

As Amended June 20 and July 11, 1991.

Attorney(s) appearing for the Case

James Patrick Gillece, Jr., argued (Roger D. Redden and Lynett M. Phillips, on brief), Piper & Marbury, Baltimore, Md., for defendants-appellants.

Nevett Steele, Jr., Nevett Steele, Jr., P.A., argued (Patricia L. Ingram, Whiteford, Taylor & Preston, on brief), Towson, Md., for plaintiffs-appellees.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and BRITT, District Judge for the Eastern District of North Carolina, sitting by designation.

MURNAGHAN, Circuit Judge:

The Dorchester County Commissioners appeal from a district court order holding the County responsible for attorneys' fees and expenses allocated to the Sheriff of the Dorchester County Jail in a suit over jail conditions brought pursuant to 42 U.S.C. § 1983. The suit had been settled by a stipulated agreement without determining whether the County or the State should pay the Sheriff's portion in the event that the Sheriff did not pay...

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