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U.S. v. TENNESSEE

Nos. 12-6258, 12-6341.

780 F.3d 332 (2015)

UNITED STATES of America, Plaintiff, People First of Tennessee, et al., Intervenors-Appellees/Cross-Appellants, v. State of TENNESSEE; Bill Haslam, in his official capacity as Governor of the State of Tennessee; James M. Henry, in his official capacity as Commissioner of the Department Of Intellectual and Developmental Disabilities; Mark Emkes, in his official capacity as Commissioner of the Tennessee Department of Finance and Administration, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 10, 2015.

Rehearing En Banc Denied March 17, 2015.

Attorney(s) appearing for the Case

ARGUED: Michael W. Kirk , Cooper & Kirk, PLLC, Washington, D.C., for Appellants/Cross-Appellees. Earle J. Schwarz , The Offices of Earle J. Schwarz, Memphis, Tennessee, for Appellees/Cross-Appellants. ON BRIEF: Michael W. Kirk , Adam R.F. Gustafson , Cooper & Kirk, PLLC, Washington, D.C., Diane Stamey Dycus , Office of the Tennessee Attorney General, Jonathan Paul Lakey , Pietrangelo Cook, PLC, Memphis, Tennessee, for Appellants/Cross-Appellees. Earle J. Schwarz , The Offices of Earle J. Schwarz, Memphis, Tennessee, for Appellees/Cross-Appellants.

Before: ROGERS and KETHLEDGE, Circuit Judges; MALONEY, District Judge.

OPINION

This is a civil-rights case in which the district court entered a consent decree over 20 years ago. Since then, People First of Tennessee has presented 19 applications for attorneys' fees to the district court. The State of Tennessee consented to pay every...

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