Explanation
BACKGROUND:
This Ordinance is submitted to settle the lawsuit known as Garry Owens v. City of Columbus, et al., Case No. 03-CV-696 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of Fifty-five Thousand Dollars ($ 55,000.00). On June 20, 2002, Mr. Owens was detained and arrested by Officers Castro, DiLello, and Kise. In his lawsuit, Mr. Owens claimed false arrest and illegal use of force in violation of the Fourth Amendment and assault and battery under state law. Defendants filed a motion for summary judgment as to all claims. In response, Mr. Owens withdrew his claims against the City. The Court conducted oral argument on Defendants' motion, which was immediately followed by a Court-ordered settlement conference. The Court did not issue a decision on Defendants' motion.
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 Garry L. Owens against the City of Columbus, Officer Caroline Castro, Officer Mark DiLello, and Officer Keith Kise in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. 03-CV-696 and to authorize the expenditure of the sum of Fifty-five Thousand Dollars ($55,000.00) in settlement of this lawsuit and to declare an emergency.
Body
WHEREAS, on June 18, 2003, Mr. Owens filed a lawsuit in the Franklin County Court of Common Pleas against the City and Officers Castro, DiLello, and Kise, in which he claimed false arrest and the use of illegal force in violation of the Fourth Amendment, which case was removed to the United States District Court for the Southern District of Ohio, Eastern Division, Case No. 03-CV-696; and,
WHEREAS, In connection with the court-ordered settlement conference, the amount of Fifty-five Thousand and 00/100 Dollars ($55,000.00) on Mr. Owens' 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, by reason of the foregoing, an emergency exists in the usual daily operations of the City and it would be to the City's best interest to compromise and settle this matter 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 all claims against the City of Columbus, its officers, agents, and employees pending in the case known as Garry Owens v. City of Columbus, et al. Case No. C2-03-696 in the United States District Court for the Southern District of Ohio, Eastern Division by payment of Fifty-five Thousand and 00/100 Dollars ($55,000.00) 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 Fifty-five Thousand and 00/100 Dollars ($55,000.00).
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer one for the sum of Fifty-five Thousand and 00/100 Dollars ($55,000.00) payable to Garry L. Owens and his attorneys Byron L. Potts and John W. Waddy, Jr. 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 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.