Explanation
This Ordinance is submitted to settle the lawsuit known as Brandon Stone v. Thomas DeWitt, et al., Case No. C2-05-608 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of Three Hundred Thousand and No/100 Dollars ($300,000.00). On October 16, 2004, the plaintiff was arrested. While being transported in a police wagon, the wagon came to a sudden stop. The plaintiff, who was handcuffed but not seat belted, fell forward and suffered injury to his neck.
Title
To authorize and direct the City Attorney to pay the settlement amount to Brandon Stone, et. al in the case of Brandon Stone v. Thomas DeWitt, et al., United States District Court Case No. C2-05-608, to authorized the City Auditor to transfer $300,000.00 within the general fund from the Department of Finance and Management to the Department of Public Safety, Division of Police, to authorize the expenditure of the sum of Three Hundred Thousand and No/100 Dollars ($300,000.00), payable as specified in Section 3, and to declare an emergency.
Body
WHEREAS, on May 20, 2005, the plaintiff filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 05CVH5-05625, against the City of Columbus and Officer Thomas DeWitt and Officer Robert Schons; the case was subsequently removed to the United States District Court for the Southern District of Ohio, Case No. C2-05-608. The plaintiff alleged a violation of his rights under the First, Fourth and Fourteenth Amendments as well as claims brought under the laws of the State of Ohio;
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 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, 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, peach, 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 Brandon Stone v. Thomas DeWitt, et al., United States District Court Case No. C2-05-608, by the payment of the total of $300,000 as a reasonable and fair amount in the best interests of the City of Columbus.
Section 2. That the City Auditor be and hereby is authorized and directed to transfer $300,000.00 within the general fund, fund no. 010 from the Department of Finance and Management, department/division 45-01, object level one - 10, object level three - 5501, OCA 904508 to the Department of Public Safety, Division of Police, department/division 30-03, object level one - 05, Object Level Three - 5533, OCA 301382.
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 One 05, Object Level Three 5533, Fund No. 010.
Section 4. That the City Auditor be and is hereby authorized to draw warrants upon the City Treasurer upon receipt of a voucher and release approved by the City Attorney payable in the following manner: $169,517.69 to Brandon Stone, plaintiff; $100,000 to Frederick Gittes, counsel for plaintiff; $28, 172.42 to Fred Ungerman, Jr., TAFT STETINIUS & HOLLISTER, LLP, counsel for Select Industries; and $2,309.89 to Matt Stevens, LAWRENCE & RUSSELL, counsel for Anthem Blue Cross and Blue Shield.
Section 5. 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.