Explanation
Background:
This Ordinance is submitted to settle the lawsuit known as Treadway, v. City of Columbus, et al., pending in the United States District Court for the Southern District of Ohio, Case No. 2:22-cv-2287, in the amount of one hundred twenty-five thousand dollars and zero cents ($125,000.00). In late May of 2020, protests and civil unrest erupted across the country in response to the murder of George Floyd by a police officer in Minneapolis, Minnesota. Protests began in the City of Columbus on May 28, 2020, and lasted throughout the summer of 2020 (the “George Floyd Protests”).
This lawsuit arises out of an incident that occurred on May 30, 2020. Plaintiff Gaige Treadway brings claims against Defendants Michael Ramsey, James Long, the City of Columbus, and “Unknown Officers.” Plaintiff alleges that he attended the George Floyd Protests on May 30, 2020, wearing a gas mask. Plaintiff alleges that now-retired Sergeant Michael Ramsey removed his gas mask because he displayed the middle finger, and that he was arrested and charged for assaulting Sergeant Michael Ramsey without probable cause. Plaintiff’s allegations are fully described in the Amended Complaint filed on June 8, 2022. Plaintiff brings claims under Section 1983, alleging excessive force, false arrest, malicious prosecution, and violation of his First Amendment rights. He also brings a state-law claim for intentional infliction of emotional distress. Prior to entering into this Settlement Agreement, the Court dismissed several of Plaintiff’s claims, including all claims against the City, Officer James Long, and the “Unknown Officers.” The only remaining claims in this case were Plaintiff’s First Amendment and excessive force claims against Michael Ramsey for removing Plaintiff's gas mask.
Fiscal Impact:
Funds were not specifically budgeted for this settlement; however, sufficient monies are available within the Department of Finance’s Citywide Account for this purpose.
Emergency action is requested for this ordinance to be effective immediately in accordance with the terms of the settlement of this lawsuit, which is in the best interest of the City, and to pay the agreed to sum without delay.
Title
To authorize and direct the City Attorney to settle the lawsuit known as Treadway v. City of Columbus, et al., pending in the United States District Court for the Southern District of Ohio, Case No. 2:22-cv-2287; to authorize the expenditure of the sum of one hundred twenty-five thousand dollars and zero cents ($125,000.00) in settlement of this lawsuit; to authorize the transfer of $125,000.00 within the General Fund; and to declare an emergency. ($125,000.00)
Body
Body:
WHEREAS, on May 27, 2022, Plaintiff filed the lawsuit captioned Gaige Treadway v. Columbus Division of Police, et al., pending in the United States District Court for the Southern District of Ohio, Case No. 2:22-cv-2287 (“the Lawsuit”). Plaintiff named retired police Sergeant Michael Ramsey (“Ramsey”), Officer James Long (“Long”), the City of Columbus (the “City”), and “Unknown Officers,” as defendants in the Lawsuit. In the Amended Complaint, Plaintiff alleges excessive force, false arrest, malicious prosecution, and violation of his First Amendment rights. He also brings a state-law claim for intentional infliction of emotional distress. Prior to entering into this Settlement Agreement, the Court dismissed several of Plaintiff’s claims, including all claims against the City, Long, and the “Unknown Officers.” The only remaining claims in the case were Plaintiff’s First Amendment and excessive force claims against Ramsey for removing Plaintiff's gas mask.
WHEREAS, following the evaluation of the claims and the risk of continued litigation, a settlement in the amount of one hundred twenty-five thousand dollars and zero cents ($125,000.00) to be paid by the City of Columbus, was deemed acceptable by the City of Columbus, Department of Public Safety, along with dismissal of the case with prejudice and a release of the City of Columbus and its officers and employees, including Ramsey and Long, from any further liability; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Public Safety, Division of Police, in that it is necessary for this ordinance to be effective immediately in order for the parties to effectuate the settlement of this lawsuit in accordance with terms of the agreement, which is in the best interest of the City, and to pay the agreed to sum without delay; 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 all claims against the City of Columbus, its officers, agents, and employees, including Ramsey and Long, pending in the case known as Treadway v. City of Columbus, et al., pending in the United States District Court for the Southern District of Ohio, Case No. 2:22-cv-2287, by payment of one hundred twenty-five thousand dollars and zero cents ($125,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
Section 2. That the transfer of $125,000.00, or so much thereof as may be needed, is hereby authorized between object classes within the General Fund from the Department of Finance’s Citywide account to the Department of Public Safety per the accounting codes in the attachment to this ordinance:
Section 3. That the expenditure of $125,000.00, or so much thereof as may be needed, is hereby authorized as follows in the General Fund, object class 05 per the accounting codes in the attachment to this ordinance:
Section 4. That, upon the receipt of a voucher and a release approved by the City Attorney, the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer for the sum of one hundred twenty-five thousand dollars and zero cents ($125,000.00) payable to “Gaige Treadway and Samuel H. Shamanksy Co., L.P.A. Trust Account.”
Section 5. That for the reasons stated in the preamble hereto, which is 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 days after passage if the Mayor neither approves nor vetoes the same.