Explanation
This Ordinance is submitted to settle the lawsuit known as Edward Shnayder v. City of Columbus, et al., Case No. C2-03-192 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of One Hundred Seventy-Five Thousand and No/100 Dollars ($175,000.00). In March, 2002, Columbus Police officers obtained and executed a search warrant at Cash-To-Go Pawnshop on West Broad Street in Columbus. The plaintiff, Edward Shnayder, was arrested and the charges were subsequently dismissed. The plaintiff claimed that the search of the pawnshop and the arrest were in violation of his Fourth Amendment rights.
Fiscal Impact: In 2005, $1,000,000 is available in Finance's citywide account for claims, settlements and outside counsel. After this ordinance is approved, $825,000 will remain for these purposes.
Title
To authorize and direct the City Auditor to transfer $175,000.00 within the general fund from the Finance Department to the Department of Public Safety, Division of Police, to authorize the City Attorney to pay the settlement amount to Edward Shnayder and Jim McNamara and John Marshall, counsel for Mr. Shnayder, in the case of Edward Shnayder v. City of Columbus, et al., United States District Court Case No. C2-03-192, to authorize the expenditure of the sum of One Hundred Seventy-Five Thousand and No/100 Dollars ($175,000.00), and to delare an emergency.
Body
WHEREAS, on March 4, 2003, the plaintiff filed a lawsuit in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-02-478, against the City of Columbus and members of the Columbus Division of Police in which he claimed a violation of his Fourth Amendment rights;
WHEREAS, following investigation and evaluation of plaintiff's claims in the course of litigation, the parties reached an agreement to settle this matter during several settlement conferences which were presided over by the Unite...
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