Explanation
BACKGROUND: This Ordinance is submitted to settle the lawsuit known as Don D. Roy v. City of Columbus, et al., Case No. C2-02-702 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of Sixty Thousand and No/100 Dollars ($ 60,000.00). On July 16, 2001, Mr. Roy was detained in connection with a license plate check of his vehicle, which disclosed an outstanding felony warrant for an individual named Rex. Mr. Roy was not the individual for whom the warrant was issued. The circumstances of his detention resulted in Mr. Roy's being charged with obstruction of official business. Mr. Roy was acquitted of this charge. In his lawsuit against the City and individual officers, Mr. Roy claimed violations of his Fourth Amendment rights, including illegal search, malicious prosecution, and illegal use of force as well as state law claims. He claimed injury, including aggravation of an existing condition. The officers deny any intentional injury to Mr. Roy.
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 Don Roy against the City of Columbus and individual police officers in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-02-702 and to authorize the expenditure of the sum of sixty thousand dollars ($60,000.00) in settlement of this lawsuit
Body
WHEREAS, on July 16, 2002, Mr. Roy filed a lawsuit in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-02-702 against the City of Columbus and individual police officers, in which he claimed violations of his Fourth Amendment rights to be free from illegal seizure, malicious prosecution, and the use of excessive force as well as violations of state law;
WHEREAS, following extensive investigation and an evaluation of Mr. Roy's claims during a settlement conference ordered by the District Court, the amount of sixty thousand and 00/100 dollars ($60,000.00) on Mr. Roy's claims 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 any further liability;
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 Don D. Roy v. City of Columbus et al., Case No. C2-02-702, in the United States District Court for the Southern District of Ohio, Eastern Division, by payment of $60,000.00 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 Sixty Thousand and 00/100 Dollars ($60,000.00).
Section 3. That the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer one for the sum of Sixty Thousand and 00/100 Dollars ($60,000.00) payable to Don D. Roy 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 shall take effect and be in force from and after the earliest period allowed by law.