Explanation
BACKGROUND:
This Ordinance is submitted to settle the lawsuit known as Demarko Steele v. Officer James Jennings, et al., Case No. C2-04-189 in the United States District Court for the Southern District of Ohio, Eastern Division and Demarko Steele v. Officer James Jennings, Case No. 05-4645/4647 in the United States Court of Appeals for the Sixth Circuit, in the amount of Eighty-Two Thousand and No/100 Dollars ($ 82,000.00). On March 24, 2003, Mr. Steele was taken into custody at Marion Franklin High School by Officer Jennings. In his lawsuit, Mr. Steele claimed false arrest and illegal use of force in violation of Fourth Amendment rights. The district court dismissed Mr. Steele's false arrest claim and his claims against the City. The case went to a jury trial on the use of force. Officer Jennings denied any illegal use of force. The jury found in favor of Mr. Steele on the use of force, which verdict entitled him to attorney's fees. Officer Jennings appealed the verdict, and Mr. Steele appealed the dismissal of his false arrest claim.
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 Demarko Steele against Officer James Jennings and the City of Columbus in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-04-189, and the related appeals, Case No. 05-4645/4647; to authorize the expenditure of the sum of eighty-two thousand dollars ($82,000.00) in settlement of this lawsuit; and to declare an emergency.
Body
WHEREAS, on March 8, 2004, Mr. Steele filed a lawsuit in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-04-189 against Officer James Jennings and the City of Columbus, in which he claimed false arrest and the use of illegal force in violation of his Fourth Amendment rights; and
WHEREAS, following the dismissal of Mr. Steele's false arrest claim and the dismissal of the City, a jury rendered a verdict in favor of Mr. Steele on the use of force claim, Officer Jennings appealed the jury verdict, and Mr. Steele filed a cross appeal on his claim of false arrest. During the mediation conference required by the Sixth Circuit Court of Appeals, the amount of eighty-two thousand and 00/100 dollars ($82,000.00) on Mr. Steele's claims was deemed acceptable by the City of Columbus, 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 City in that it is immediately necessary to authorize the settlement so as to obtain dismissal of the aforementioned lawsuit and release from liability before incurring any more expenses, and for the further preservation of the public health, safety and welfare; 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 Demarko Steele v. Officer James Jennings, et al., Case No. C2-04-189, in the United States District Court for the Southern District of Ohio, Eastern Division and as Demarko Steele v. Officer James Jennings, Case No. 05-4645/4647 in the Sixth Circuit Court of Appeals, by payment of $82,000.00 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 Eighty-Two Thousand and 00/100 Dollars ($82,000.00).
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer one for the sum of Eighty-Two Thousand and 00/100 Dollars ($82,000.00) payable to Demarko Steele and his attorney James D. McNamara upon receipt of a voucher and a release approved by the City Attorney.
Section 4. That for reasons stated in the preamble hereto, which is hereby made a part thereof, 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.