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To authorize and direct the City Attorney to pay the settlement amount to Mark A. DiBlasio and Rex Elliot, COOPER & ELLIOT, L.L.C., counsel for Plaintiff, in the case of Mark A. DiBlasio v. John P. Shoopman, et al., Case No. C2-02-349 in the United States District Court for the Southern District of Ohio, Eastern Division, to authorize the transfer of One Hundred Thousand Dollars ($100,000.00) within the general fund from the Department of Finance to the Department of Public Safety, Division of Police, to authorize expenditure of the sum of One Hundred Thousand Dollars ($100,000.00), and to declare an emergency.
explanation
This Ordinance is submitted to settle the lawsuit known as Mark A. DiBlasio v. John P. Shoopman, et al., Case No. C2-02-349 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of One Hundred Thousand Dollars ($100,000.00). During the early morning of March 17, 2000, the Plaintiff, Mark A. DiBlasio, was shot during a fight by a Columbus police officer who feared that Mr. DiBlasio would kill or seriously injure the officer's partner. Mr. DiBlasio was 31 years old at the time and had suffered from severe bipolar disorder since he was a teenager. He was shot in the abdomen and had two major surgeries to repair the physical damage. He claims a violation of his rights under the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution.
Fiscal Impact
Funds were not specifically budgeted for this settlement; however, sufficient monies are available within Finance's citywide account for this purpose. The 2004 budget included $1,080,000 in the citywide account for claims and settlements. Of the orginal amount approriated, $103,837 remains. This award, when paid, will exhaust all but $3,837 of the original appropriation for claims and settlements.
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WHEREAS, on March 7, 2002, the Plaintiff filed a lawsuit in the Franklin County Court of Common Pleas (later removed to the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-02-349), against the City of Columbus and members of the Columbus Division of Police in which he claimed a violation of his Fourth Amendment right to be free from the use of excessive force and other violations of his constitutional rights; and,
WHEREAS, following investigation and evaluation of Plaintiff's claims in the course of litigation, the parties reached an agreement to settle this matter on the eve of trial. Due to the dispute of this claim and the risks and uncertainties associated with continued litigation, the settlement amount was deemed acceptable by the City of Columbus, along with the dismissal of the lawsuit with prejudice and a release of the City of Columbus and its employees from further liability; and,
WHEREAS, sufficient funds are available within the Finance Department's citywide account to cover this settlement; and,
WHEREAS, by reason of the foregoing, an emergency exists in the usual daily operations of the City in that payment needs to be expedited in order to avoid additional expenses, 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 Auditor be and hereby is authorized and directed to transfer $100,000 within the general fund, fund no. 010 from the Finance Department, department/division 45-01, object level 1-10, object level 3-5501, OCA 904508, to the Department of Public Safety, Division of Police, department/division 30-03, object level 1-05, object level 3-5539, OCA 301382.
Section 2. That the City attorney be and hereby is authorized and directed to settle the lawsuit of Mark A. DiBlasio v. John P. Shoopman, et al., Case No. C2-02-349 in the United States District Court for the Southern District of Ohio, Eastern Division, by the payment of One Hundred Thousand Dollars ($100,000.00) to Mark A. DiBlasio and Rex Elliott, COOPER & ELLIOTT, L.L.C., counsel for Mark A. DiBlasio, as a reasonable and fair amount in the best interests of the City of Columbus.
Section 3. 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 1-05, Object Level 3-5539, Fund No. 010, the sum of One Hundred Thousand Dollars ($100,000.00).
Section 4. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer in the sum of One Hundred Thousand Dollars ($100,000.00) payable to Mark A. DiBlasio and Rex Elliott, COOPER & ELLIOTT, L.L.C., counsel for Mark A. DiBlasio, upon receipt of a Release approved by the City Attorney.
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.