Madison County, et al. v. Hopkins
| Docket Number: | 2001-CA-01152-SCT Linked Case(s): 2001-CA-01152-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-19-2003 Opinion Author: Carlson, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Attorney’s fees - Dual representation - Section 25-1-47 - Section 19-3-47 Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller, Easley and Graves, JJ. Non Participating Judge(s): McRae, P.J. Dissenting Author : Diaz, J. Concur in Part, Dissent in Part 1: Cobb, J. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 06-18-2001 Appealed from: Madison County Chancery Court Judge: J. Larry Buffington Disposition: Awarded the Appellee partial reimbursement for legal fees incurred by him as a party in a federal court lawsuit. Case Number: 96-767 |
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| Note: | PITTMAN, C.J., SMITH, P.J., WALLER, EASLEY AND GRAVES, JJ., CONCUR. DIAZ, J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION. COBB, J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION. McRAE, P.J., NOT PARTICIPATING. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Madison County, Mississippi; Karl Banks, in His Official Capacity as Supervisor of Madison County, Mississippi and Individually; J. L. McCullough, in His Official Capacity as Former Supervisor of Madison County, Mississippi; David Richardson, in His Official Capacity as Supervisor of Madison County, Mississippi and Individually; Louise Spivey, in Her Official Capacity as Former Supervisor of Madison County, Mississippi; Luther Waldrop, in His Official Capacity as Former Supervisor of Madison County, Mississippi; W. T. Bill Banks in His Official Capacity as Former Supervisor of Madison County, Mississippi and Individually; Mark Sharpe, in His Official Capacity as Supervisor of Madison County, Mississippi and Individually; and Paul Griffin, in His Official Capacity as Supervisor of Madison County, Mississippi and Individually |
GARY E. FRIEDMAN |
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| Appellee: | Jessie Hopkins, in His Official Capacity as Sheriff of Madison County and Individually | WILLIAM E. SPELL |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Attorney’s fees - Dual representation - Section 25-1-47 - Section 19-3-47 |
| Summary of the Facts: | Fifty-three employees of the Madison County Sheriff's Department filed an action in the United States District Court for the Southern District of Mississippi against Madison County and the individual members of the County’s Board of Supervisors asserting violations of the Fair Labor Standards Act for failure to pay overtime. The employees included a claim against Jessie Hopkins in his official capacity as Madison County Sheriff. Madison County filed a third-party complaint against Sheriff Hopkins seeking indemnification from the Sheriff individually on the theory that he was an employer or joint employer of the sheriff’s department employees and thus, individually responsible for any unpaid overtime to which the employees may be entitled. Sheriff Hopkins filed a counterclaim against Madison County alleging that the County’s third-party claim against him was retaliatory action. After the federal court litigation had been commenced, Sheriff Hopkins, both in his official and individual capacity, filed an action in Madison County Chancery Court against Madison County and the members of the Madison County Board of Supervisors, both in their official and individual capacities, seeking an order directing the Supervisors, in their official capacity, to approve and pay for an attorney to represent the Sheriff in the federal court action or requiring, alternatively, that the Supervisors reimburse Madison County for all monies paid by the County to the attorney representing the Supervisors in the federal court litigation, and enjoining the County from payment of any further expenses incurred by the Supervisors for their legal representation in the federal court action. The district court found that Madison County had violated the FLSA by its refusal to pay the sheriff’s department employees overtime; that the employees were due an award of liquidated damages; that application of Mississippi common law to the County’s third-party claim against Sheriff Hopkins resulted in the Sheriff being primarily responsible for the unpaid overtime; and, that Sheriff Hopkins must indemnify Madison County for any monetary judgment subsequently entered against the County in favor of the employees due to the FLSA violations. The court subsequently entered judgment in favor of Madison County and against Sheriff Hopkins for $750,000. The Court of Appeals reversed the district court’s judgment for Madison County and rendered judgment in favor of Sheriff Hopkins. In state court, the chancellor awarded Sheriff Hopkins attorney's fees in the amount of $35,000. Madison County appeals. |
| Summary of Opinion Analysis: | Issue 1: Conflict The County argues the chancellor incorrectly perceived a conflict between the County and Sheriff Hopkins in his official capacity because of the dual legal representation provided by the County. The chancellor held that the Sheriff was named as a party in the federal lawsuit and was being represented by the same attorney who was also representing the Board of Supervisors, and he should have been and was entitled to representation to insure his interests were met although he was excluded from several conversations and strategy meetings. The federal district court stated that there was no conflict of interest as a result of the same attorney representing Sheriff Hopkins in his official capacity and suing him in his individual capacity. The Fifth Circuit's decision left intact the district court’s findings on the unaddressed issues, including the attorney-conflict issue. Because the chancellor’s finding conflicts with a ruling of the federal district court which remained undisturbed on appeal to the Fifth Circuit, the chancellor erred in awarding attorneys’ fees and expenses to Sheriff Hopkins for his federal court litigation. Issue 2: Attorney’s fees The County argues the chancellor should have relied on sections 25-1-47 and 19-3-47 in determining whether Sheriff Hopkins was entitled to attorney's fees which both provide that the governmental entity's power to employ counsel for an employee is completely discretionary. While sections 25-1-47 and 19-3-47 question allow a county to provide legal counsel for the defense of any claim against an employee of that county, it grants discretion to the counties in doing so. |
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