Explanation
Background:
This Ordinance is submitted to settle the lawsuit known as Mary L. Rivers, Administrator of the Estate of Cameron Lamar Straughter, Deceased, v. Kenneth Bowers and the City of Columbus, pending in the United States District Court for the Southern District of Ohio. On August 21, 2004, police officers responded to a 911 caller who had reported seeing a man with a gun in the back of his pants. As police responded the suspect fled and was observed pulling what appeared to be the gun from the back of his pants. The suspect refused orders to get on the ground and drop the weapon, when he suddenly turned into the direction of an approaching Officer. Believing the suspect was armed and posed an immediate threat of serious physical harm, an officer fired one shot. The suspect died from the gun shot wound. The object the suspect was holding was actually a Brookstone folding knife/pruning tool, which looked like a gun.
Fiscal Impact:
Sufficient funds are available in the Division of Police to pay this claim. Two-Hundred and twenty five Thousand Dollars ($225,000) were originally budgeted in the Division of Police's General Fund to pay for such claims.
Title
To authorize and direct the City Attorney to settle the lawsuit of Mary L. Rivers, Administrator of the Estate of Cameron Lamar Straughter, Deceased, v. Kenneth Bowers and the City of Columbus, currently pending in the United States District Court for the Southern District of Ohio; to authorize the expenditure of the sum of Seventy-five Thousand Dollars ($75,000.00) from the General Fund in settlement of this lawsuit; and to declare an emergency.
Body
WHEREAS, on August 21, 2006, the plaintiff filed a lawsuit in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-06-712, against Kenneth Bowers and the City of Columbus. The plaintiff alleged a violation of Cameron Straugther's rights under the 4th, 8th, and 14th Amendments and under the laws of the State of Ohio; and
WHEREAS, following the evaluation of plaintiff's claims in the course of litigation, the parties reached an agreement to settle this matter. Due to the dispute of this claim and the risks and uncertainties associated with continued litigation and trial, 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, Kenneth Bowers and all city employees from further liability; and
WHEREAS, by reason of the foregoing, and in order to avoid the possible payment of interest, an emergency exists in the usual daily operation of the City 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 Attorney be and hereby is authorized and directed to settle the lawsuit of Mary L. Rivers, Administrator of the Estate of Cameron Lamar Straughter, Deceased, v. Kenneth Bowers and the City of Columbus, United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-06-712, by the payment of $75,000.00 as a reasonable and fair amount in the best interests of the City of Columbus.
Section 2. 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 One 05, Object Level Three 5569, Fund No. 010.
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer upon receipt of a voucher and release approved by the City Attorney in the amount of $75,000.00 and to make payable to Law Offices of John W. Waddy, Jr.
Section 4. That for the reasons stated in the preamble hereto, which is hereby 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 day after passage if the Mayor neither approves nor vetoes the same.