Explanation
Background:
This Ordinance is submitted to settle the lawsuit known as Lashon Sims v. City of Columbus, et al., 2:21-cv-02834 in the United States District Court for the Southern District of Ohio, in the amount of fifty thousand dollars and zero cents ($50,000.00). Lashon Sims’ claim arises out of a situation where she was pepper sprayed by officers from the Division of Police, was knocked to the ground, and was injured.
On May 27, 2021, Ms. Sims filed a lawsuit in the United States District Court for the Southern District of Ohio, Case No. 2:21-cv-02834, against the City of Columbus and Thomas Quinlan, in which she claimed she was injured after being pepper sprayed and knocked to the ground on May 30, 2020. Specifically, Ms. Sims alleges she underwent a hip and knee replacement as a result.
Fiscal Impact:
Funds were not specifically budgeted for this settlement; however, sufficient monies are available in the Division of Police’s general fund budget for this purpose. This ordinance is contingent upon passage of the 2022 General Fund Budget via Ordinance 2741-2021.
Emergency action is requested for this ordinance to be effective immediately in order for the parties to effectuate 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 Lashon Sims v. City of Columbus, et al. pending in the United States District Court for the Southern District of Ohio; to authorize the expenditure of the sum of fifty thousand dollars and zero cents ($50,000.00) in settlement of this lawsuit; and to declare an emergency. ($50,000.00)
Body
WHEREAS, on May 27, 2021, a lawsuit was filed by Lashon Sims in the United States District Court for the Southern District of Ohio, Case No. 2:21-cv-02834, against the City of Columbus and Thomas Quinlan in which Ms. Sims claimed she was injured after being pepper sprayed and knocked to the ground; and
WHEREAS, following the evaluation of the claims and the risk of continued litigation of the claims against the City of Columbus and Thomas Quinlan a settlement in the amount of fifty thousand dollars and zero cents ($50,000.00) to be paid by the City, 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 employees 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, 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 pending in the case known as Lashon Sims v. City of Columbus, et al., Case No. 2:21-cv-02834 in the United States District Court for the Southern District of Ohio by payment of Fifty Thousand Dollars and zero cents ($50,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
Section 2. That for purposes of paying this settlement there be, and hereby is authorized to be, expended by the City of Columbus, from the Department of Public Safety, Division of Police general fund budget, the sum of $50,000.00, or so much thereof as may be needed, per the accounting codes in the attachment to this ordinance.
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer one for the sum of fifty thousand dollars and zero cents ($50,000.00) payable to Byron L. Potts & Co., L.P.A. and Lashon Sims, upon receipt of a voucher and a release approved by the City Attorney.
Section 4. 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 from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.