Explanation
This Ordinance is submitted to settle the lawsuit known as Earle Martin v. Officer Jennifer Haas., Case No. C2-03-161 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of Twenty-Five Thousand and No/100 Dollars ($25,000.00). On January 19, 2002, the plaintiff was arrested and subsequently charged with obstructing official business. He complained that the handcuffs were too tight and that he allegedly suffered injury to his wrist. The charge was dismissed prior to a trial of the matter.
Fiscal Impact: Funds were not specifically budgeted for this settlement; however sufficient monies are available in the appropriate account to pay the amount this claim.
Title
To authorize and direct the City Attorney to pay the settlement amount to Earle Martin and W. Jeffrey Moore, counsel for Mr. Martin, in the case of Earle Martin v. Officer Jennifer Haas., Case No. C2-03-161 in the United States District Court for the Southern District of Ohio, Eastern Division to authorize the expenditure of the sum of Twenty-Five Thousand and No/100 Dollars ($25,000.00) and to declare an emergency.
Body
WHEREAS, on January 23, 2003, the plaintiff filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 03CVC-01-777, against the City of Columbus and Officer Jennifer Haas; the case was subsequently removed to the United States District Court for the Southern District of Ohio, Case No. C2-03-161. The plaintiff alleged a violation of his rights under the 4th Amendment and 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 re...
Click here for full text