Explanation
BACKGROUND: This Ordinance is submitted to settle the lawsuit known as Nicole Solis, et al. v. City of Columbus, et al., Case No. C2-02-788 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 August 12, 2001, S.W.A.T. officers conducted a dynamic entry into a residence at 120 Dakota Avenue, which was occupied by Nicole Solis and Carmen Solis. There was a mistake in the identification of the search warrant address, which resulted in the officers entering the wrong house. Because the officers acted pursuant to the address listed on the warrant, it was not apparent to them that they were in the wrong house. In their lawsuit against the City, Plaintiffs claimed violations of their Fourth Amendment rights.
FISCAL IMPACT: Funds have not been specifically budgeted for this settlement but are available in the appropriate amount.
Title
To authorize and direct the City Attorney to settle the claims brought by Nicole Solis and Carmen Solis against the City of Columbus in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-02-788 and to authorize the expenditure of the sum of Twenty-five Thousand dollars ($25,000.00) in settlement of this lawsuit
Body
WHEREAS, on August 9, 2002, Plaintiffs filed a lawsuit in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-02-788 against the City of Columbus in which they claimed violations of their Fourth Amendment rights to be free from illegal search and seizure;
WHEREAS, following investigation and an evaluation of Plaintiffs' claims in the course of litigation, the parties reached an agreement to settle this matter for the total amount of Twenty-five Thousand dollars ($25,000.00) during a settlement conference ordered by the District Court. 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 any further liability; 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 pending in the case known as Nicole Solis, et al., v. City of Columbus, et al., Case No. C2-02-788, in the United States District Court for the Southern District of Ohio, Eastern Division, by payment of Twenty-five Thousand Dollars ($25,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
Section 2. That for the purposes of paying this settlement, there be and hereby is authorized to be paid from fund No. 010, Department No. 30-03, OCA Code 301382, Object Level (1) 05, Object Level (3) 5539, the sum of Twenty-five Thousand and 00/100 Dollars ($25,000.00).
Section 3. That the City Auditor be and is hereby authorized to draw two warrants upon the City Treasurer upon receipt of a voucher and a release approved by the City Attorney: one warrant in the amount of Eight Thousand Three Hundred Thirty-three dollars and Thirty-four cents ($8,333.34) payable to Nicole Solis and her counsel Suzanne Stasiewicz and the second warrant in the amount of Sixteen Thousand Six Hundred Sixty-six dollars and Sixty-six cents ($16,666.66) payable to Carmen Solis through her legal representative, Judith Rose, and her counsel Suzanne Stasiewicz.
Section 4. That for the reasons stated in the preamble hereto, which is made a part hereof, this ordinance shall take effect and be in force from and after the earliest period allowed by law.