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File #: 2144-2023    Version: 1
Type: Ordinance Status: Passed
File created: 7/7/2023 In control: Criminal Justice & Judiciary Committee
On agenda: 7/17/2023 Final action: 7/21/2023
Title: To authorize and direct the City Attorney to pay the attorneys’ fees and costs in accordance with the Opinion and Order entered on May 1, 2023, in the case of Melissa McFadden v. City of Columbus, in the United States District Court for the Southern District of Ohio, case no. 2:18-cv-544; to authorize a transfer within the general fund; to authorize the expenditure of the sum of two hundred sixteen thousand, seven hundred thirty-two dollars and seventy-one cents ($216,732.71); and to declare an emergency. ($216,732.71)
Explanation

Background:
This ordinance is submitted to pay attorneys’ fees and costs as ordered by the Court in its Opinion and Order entered on May 1, 2023, in favor of Melissa McFadden in the amount of two hundred sixteen thousand, seven hundred thirty-two dollars and seventy-one cents ($216,732.71).

Plaintiff’s lawsuit arose out of claim that she was discriminated against on the basis of her race and retaliated against for engaging in protected activity, both in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C § 2000e, et seq. (“Title VII”), and Ohio Revised Code § 4112.02. Plaintiff also asserted that the City of Columbus (“the City”) violated her due process and equal protection rights because of her race.

On June 4, 2018, Plaintiff filed her complaint in the United States District Court for the Southern District of Ohio, against the City of Columbus, in which she claimed she was discriminated against on the basis of her race and retaliated against for engaging in protected activity, both in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C § 2000e, et seq. (“Title VII”), and Ohio Revised Code § 4112.02. Plaintiff also asserted that the City of Columbus violated her due process and equal protection rights because of her race. The Court granted summary judgement to the City of Columbus and dismissed Plaintiff’s due process claim. The remaining claims were tried to a jury in June 2022. On June 13, 2022, the jury entered a verdict against the City of Columbus and found that the City discriminated and retaliated against Plaintiff and awarded her one dollar ($1.00) for each count. Post-trial Plaintiff filed a Bill of Costs and a Motion for Attorney Fees. On May 1, 2023, the Court granted Plaintiff’s motion and ordered the City to pay one hundred eighty-eight thousand, seven hundred sixty-eight dollars and fifty cents ( $188,768.50) in attorney fees, twelve thousand nine hundred eighty-nine dollars and sixty-three cents ($12,9...

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