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A resolution authorizing the Metropolitan Department of Law to satisfy the judgment against the Criminal Court Clerk, Howard Gentry, in the amount of $193,279.92 to be paid from the Judgments and Losses fund.
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WHEREAS, Nashville Community Bail Fund ("NCBF") filed a lawsuit (U.S. District Court Case No. 3:20-cv-00103) against Howard Gentry, in his official capacity as the Criminal Court Clerk for the Twentieth Judicial District, challenging the 20th Judicial District Criminal Court Local Rule 10(B) and the garnishment policy that flows from it. The Criminal Court Clerk for the 20th Judicial District is both a State and Local Official; and,
WHEREAS, the District Court entered judgment against Howard Gentry, in his official capacity as Criminal Court Clerk ("Clerk"), enjoined the enforcement of Local Rule 10(B), and awarded NCBF $340,335.42 in attorneys' fees and costs; and,
WHEREAS, the State of Tennessee did not enter an appearance on the Clerk's behalf, provide counsel, take any steps to defend the state court rule, and denied the Clerk's repeated requests that the State satisfy the judgment; and,
WHEREAS, NCBF has agreed to reduce the amount necessary to satisfy the judgment to $193,279.92; and,
WHEREAS, the Department of Law is unaware of any additional legal avenues to compel the State to pay the judgment; and,
WHEREAS, the Metropolitan Department of Law believes that satisfying the judgment against the Clerk, as listed in Section 1, is the only viable option to resolve the outstanding judgment. It is in the best interest of the Metropolitan Government that the judgment be satisfied and that any and all claims or causes of action brought or that could have been brought by NCBF be resolved for $193,279.92, to be paid from the Judgments and Losses Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1: The Metropolitan Department of Law is authorized to satisfy the judgment agai...
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