Explanation
Background:
This Ordinance is submitted to settle the lawsuit captioned James A. Burk et al. v. City of Columbus, et al., United States District Court Case No. 2:20-cv-6256, in the amount of One Million Eight Hundred Thousand Dollars ($1,800,000.00).
On or about July 7, 2020 Plaintiff James Burk (“Burk”) was in Columbus operating as an agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) and attempting to retrieve a firearm from a residence. Burk arrived at the home of the suspect and made verbal contact with the suspect’s wife who was skeptical about Burk’s status as a law enforcement agent and subsequently called 911. As a result of this call, Columbus Officers Joseph Fihe and Kevin Winchell were dispatched on a call for attempted burglary in progress and possible impersonation of a police officer. The facts and circumstances surrounding the interaction between the Columbus Officers and Burk are more fully described in Plaintiffs’ Complaint filed in the lawsuit captioned James A. Burk et al. v. City of Columbus, et al., United States District Court Case No. 2:20-cv-6256.
The case proceeded to trial in November 2024.
Ultimately, the jury found evidence of constitutional violations and that these constitutional violations caused Burk to suffer from PTSD, mental anguish, and pain and suffering, and that Plaintiff Summer Hilfers consequently suffered loss of consortium. The jury also awarded $10,000 in punitive damages against Officer Fihe. All together, the jury awarded Plaintiffs $1,610,000 for their damages.
Following the jury’s verdict, both parties filed post-trial motions, including Defendants’ motion for a new trial and Plaintiffs’ motion for attorneys’ fees. In exchange for a full dismissal of these motions and the case, along with a release of any claims, Plaintiffs have indicated a willingness to accept a settlement of $1,800,000.00, to include attorneys’ fees.
Fiscal Impact:
This ordinance authorizes the settl...
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