Explanation
This Ordinance is submitted to settle the lawsuit known as Earle Martin v. Officer Jennifer Haas., Case No. C2-03-161 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of Twenty-Five Thousand and No/100 Dollars ($25,000.00). On January 19, 2002, the plaintiff was arrested and subsequently charged with obstructing official business. He complained that the handcuffs were too tight and that he allegedly suffered injury to his wrist. The charge was dismissed prior to a trial of the matter.
Fiscal Impact: Funds were not specifically budgeted for this settlement; however sufficient monies are available in the appropriate account to pay the amount this claim.
Title
To authorize and direct the City Attorney to pay the settlement amount to Earle Martin and W. Jeffrey Moore, counsel for Mr. Martin, in the case of Earle Martin v. Officer Jennifer Haas., Case No. C2-03-161 in the United States District Court for the Southern District of Ohio, Eastern Division to authorize the expenditure of the sum of Twenty-Five Thousand and No/100 Dollars ($25,000.00) and to declare an emergency.
Body
WHEREAS, on January 23, 2003, the plaintiff filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 03CVC-01-777, against the City of Columbus and Officer Jennifer Haas; the case was subsequently removed to the United States District Court for the Southern District of Ohio, Case No. C2-03-161. The plaintiff alleged a violation of his rights under the 4th Amendment and under the laws of the State of Ohio;
WHEREAS, Following the evaluation of plaintiff's claims in the course of litigation, the parties reached an agreement to settle this matter. Due to the dispute of this claim and the risks and uncertainties associated with continued litigation and trial, the settlement amount was deemed acceptable by the City of Columbus, along with dismissal of the lawsuit with prejudice and a release of the City of Columbus and its employees from further liability; and,
WHEREAS, by reason of the foregoing, and in order to avoid the possible payment of interest, an emergency exists in the usual daily operation of the City and for further preservation of the public health, peace, property, safety and welfare, now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
SECTION 1. That the City Attorney be and hereby is authorized and directed to settle the lawsuit of Earle Martin v. Officer Jennifer Haas., Case No. C2-03-161 in the United States District Court for the Southern District of Ohio, Eastern Division, by the payment of $25,000.00 as a reasonable and fair amount in the best interests of the City of Columbus.
SECTION 2. That for the purposes of paying this settlement, there be and hereby is authorized to be expended by the City of Columbus, Department of Public Safety, Division of Police, Division Number 30-03, OCA Code 301382, Object Level One 05, Object Level Three 5539, Fund No. 010.
SECTION 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer upon receipt of a voucher and release approved by the City Attorney in the amount of $25,000.00 and to make payable to Earle Martin and W. Jeffrey Moore.
SECTION 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten day after passage if the Mayor neither approves nor vetoes the same.