City of Columbus - File #: 0555-2007

• File #: 0555-2007
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 3/29/2007
• In control: Judiciary And Court Administration Committee
• On agenda: 4/16/2007
• Final action: 4/19/2007
• 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.

Date	Ver.	Action By	Action	Result
4/19/2007	1	CITY CLERK	Attest
4/18/2007	1	MAYOR	Signed
4/16/2007	1	Columbus City Council	Approved	Pass
4/16/2007	1	COUNCIL PRESIDENT	Signed
4/6/2007	1	Atty Drafter	Sent for Approval
4/6/2007	1	CITY ATTORNEY	Reviewed and Approved
4/6/2007	1	Atty Drafter	Sent to Clerk's Office for Council
4/6/2007	1	City Clerk's Office	Sent back for Clarification/Correction
4/6/2007	1	Atty Drafter	Sent to Clerk's Office for Council
4/4/2007	1	Finance Reviewer	Reviewed and Approved
4/4/2007	1	FINANCE DIRECTOR	Reviewed and Approved
4/4/2007	1	Atty Drafter	Sent for Approval
4/4/2007	1	Auditor Reviewer	Reviewed and Approved
4/4/2007	1	CITY AUDITOR	Reviewed and Approved
4/3/2007	1	SAFETY DIRECTOR	Reviewed and Approved
4/3/2007	1	Finance Reviewer	Reviewed and Approved
4/2/2007	1	Finance Reviewer	Sent for Approval
3/29/2007	1	Atty Drafter	Sent for Approval

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...