Explanation
Background:
This Ordinance is submitted to settle the lawsuit captioned Scott Osborn v. City of Columbus, et al., United States District Court Case No. 2:20-cv-1229, in the amount of Two Hundred Thousand Dollars ($200,000.00). On or about February 13, 2019, CPD Officers Jesse Smith and Elijah Ladipo responded to the scene of a single car auto accident where the driver had collided with multiple unoccupied vehicles. Upon arrival, these officers quickly attempted to detain the driver, Plaintiff, in an effort to investigate the collision and because of his erratic behavior. Plaintiff resisted this detention and obstructed official business by putting his hands on the officers and by kicking them. Officers Ladipo and Jesse Smith deployed uses of force at level 0 verbal communication, level 1 takedown and joint manipulation, and level 4 punches in order to successfully detain Plaintiff. Plaintiff was charged with resisting arrest and obstructing official business and was later convicted of the latter. Following his vehicle accident and interaction with CPD, Plaintiff was transported to the emergency department and was found to have injuries to his face and eye along with broken ribs. Mr. Osborn’s lawsuit named Columbus Police Officers Elijah Ladipo and Jesse Smith as defendants. Mr. Osborn alleges, among other things, that (a) Officers Ladipo and Jesse Smith used excessive and unreasonable force when detaining him on February 13, 2019 in violation of his Fourth and Fourteenth Amendment rights; (b) Officers Ladipo and Jesse Smith committed state law assault and battery and intentionally inflicted emotional distress upon Plaintiff when detaining him; and (c) he suffered damages.
Fiscal Impact:
This ordinance authorizes the settlement of a lawsuit captioned Scott Osborn v. City of Columbus, et al., United States District Court Case No. 2:20-cv-1229; Funds were not specifically budgeted for this settlement; however, sufficient monies are available within Finance’s Citywide Account for this purpose.
Title
To authorize and direct the City Attorney to settle the lawsuit captioned Scott Osborn v. City of Columbus, et al., United States District Court Case No. 2:20-cv-1229; to authorize the expenditure of the sum of two hundred thousand dollars and zero cents ($200,000.00) in settlement of the lawsuit; and to declare an emergency. ($200,000.00)
Body
WHEREAS, Scott Osborn alleges that Columbus Police Officers Elijah Ladipo and Jesse Smith violated his constitutional rights on or about February 13, 2019 by using excessive and unreasonable force when detaining him, in violation of his Fourth and Fourteenth Amendment rights; and
WHEREAS, following the evaluation of the incident, a settlement in the amount of Two Hundred Thousand Dollars ($200,000.00), to be paid by the City, was deemed to be acceptable in exchange for a release from Scott Osborn of any claims against the City of Columbus and any of its employees, agents, officials, including Columbus Police Officers Jesse Smith and Elijah Ladipo; and
WHEREAS, an emergency exists in the usual daily operations of the Department of Public Safety, Division of Police, in that it is necessary for this ordinance to be effective immediately in order for the parties to effectuate the settlement of these claims in accordance with the terms of the settlement agreement, which is in the best interest of the City, and to pay the agreed to sum without delay; 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, including Columbus Police Officers Jesse Smith and Elijah Ladipo, by payment of the sum of Two Hundred Thousand Dollars and zero cents ($200,000.00) as a reasonable and fair amount and in the best interest of the City of Columbus.
Section 2. That the transfer of $200,000.00, or so much thereof as may be needed, is hereby authorized between object classes within the General Fund from the Department of Finance’s Citywide account to the Department of Public Safety per the account codes in the attachment to this ordinance:
Section 3. That the expenditure of $200,000.00, or so much thereof as may be needed, is hereby authorized to be expended from the General Fund, object class 05 per the accounting codes in the attachment to this ordinance:
Section 4. That, upon receipt of an invoice and a release approved by the City Attorney, the City Auditor be and is hereby authorized to draw a warrant upon the City Treasurer for the sum of two hundred thousand dollars and zero cents ($200,000.00) made payable to Scott Osborn, and the Olsheski Law Co.
Section 5. That for the reasons stated in the preamble hereto, which is made a part hereof, this ordinance is hereby declared to an emergency measure and shall take effect and be in force after passage and approval by the Mayor, or 10 days after passage if the Mayor neither vetoes nor approves the same.