Explanation
Background:
This Ordinance is submitted to settle the lawsuit captioned James A. Burk et al. v. City of Columbus, et al., United States District Court Case No. 2:20-cv-6256, in the amount of One Million Eight Hundred Thousand Dollars ($1,800,000.00).
On or about July 7, 2020 Plaintiff James Burk (“Burk”) was in Columbus operating as an agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) and attempting to retrieve a firearm from a residence. Burk arrived at the home of the suspect and made verbal contact with the suspect’s wife who was skeptical about Burk’s status as a law enforcement agent and subsequently called 911. As a result of this call, Columbus Officers Joseph Fihe and Kevin Winchell were dispatched on a call for attempted burglary in progress and possible impersonation of a police officer. The facts and circumstances surrounding the interaction between the Columbus Officers and Burk are more fully described in Plaintiffs’ Complaint filed in the lawsuit captioned James A. Burk et al. v. City of Columbus, et al., United States District Court Case No. 2:20-cv-6256.
The case proceeded to trial in November 2024.
Ultimately, the jury found evidence of constitutional violations and that these constitutional violations caused Burk to suffer from PTSD, mental anguish, and pain and suffering, and that Plaintiff Summer Hilfers consequently suffered loss of consortium. The jury also awarded $10,000 in punitive damages against Officer Fihe. All together, the jury awarded Plaintiffs $1,610,000 for their damages.
Following the jury’s verdict, both parties filed post-trial motions, including Defendants’ motion for a new trial and Plaintiffs’ motion for attorneys’ fees. In exchange for a full dismissal of these motions and the case, along with a release of any claims, Plaintiffs have indicated a willingness to accept a settlement of $1,800,000.00, to include attorneys’ fees.
Fiscal Impact:
This ordinance authorizes the settlement of a lawsuit captioned James A. Burk et al. v. City of Columbus, et al., United States District Court Case No. 2:20-cv-6256; Funds were not specifically budgeted for this settlement; however, sufficient monies are available within Finance’s Citywide Account for this purpose. This ordinance is contingent on passage of the 2025 budget.
Title
To authorize and direct the City Attorney to settle the lawsuit captioned James A. Burk et al. v. City of Columbus, et al., United States District Court Case No. 2:20-cv-6256; to authorize the expenditure of the sum of one million eight hundred thousand dollars ($1,800,000.00) in settlement of the lawsuit; and to declare an emergency. ($1,800,000.00)
Body
WHEREAS, James A. Burk alleges that his constitutional rights were violated on or about July 7, 2020 when Columbus police officers allegedly used excessive force to detain him without legal right to do so, in violation of his Fourth and Fourteenth Amendment rights; and
WHEREAS, Summer Hilfers alleges that she has suffered a loss of consortium due to the alleged violations of her husband, James A. Burk’s, Fourth and Fourteenth Amendment rights;
WHEREAS, following the evaluation of the incident, including the delivery of a jury award in favor of the Plaintiffs on a number of claims, a settlement in the amount of One Million Eight Hundred Thousand Dollars ($1,800,000.00), to be paid by the City and to include attorneys’ fees and court costs, was deemed to be acceptable in exchange for a release from James A. Burk and Summer Hilfers of any claims against the City of Columbus and any of its employees, agents, officials, including Columbus Police Officers Joseph Fihe and Kevin Winchell; 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 these claims in accordance with the terms of the settlement 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 Columbus Police Officers Joseph Fihe and Kevin Winchell, by payment of the sum of One Million Eight Hundred Thousand Dollars ($1,800,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
Section 2. That the transfer of $1,800,000.00, or so much thereof as may be needed, is hereby authorized between object classes within the General from the Department of Finance’s Citywide account to the Department of Public Safety per the account codes in the attachment to this ordinance:
Section 3. That the expenditure of $1,800,000.00, 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 receipt of an invoice 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 million eight hundred thousand dollars ($1,800,000.00) made payable to the Law Office of: Cooper & Elliott LLC IOLTA.
Section 5. That for the reasons stated in the preamble hereto, which is made a part hereof, this ordinance is hereby declared to an emergency measure and shall take effect and be in force after passage and approval by the Mayor, or 10 days after passage if the Mayor neither vetoes nor approves the same.