City of Columbus - File #: 1205-2004

• File #: 1205-2004
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 6/18/2004
• In control: Safety Committee
• On agenda: 7/19/2004
• Final action: 7/21/2004
• Title: To authorize and direct the City Attorney to settle the claims brought by Nicole Solis and Carmen Solis against the City of Columbus in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-02-788 and to authorize the expenditure of the sum of Twenty-five Thousand dollars ($25,000.00) in settlement of this lawsuit

Date	Ver.	Action By	Action	Result
7/21/2004	1	MAYOR	Signed
7/21/2004	1	CITY CLERK	Attest
7/19/2004	1	Columbus City Council	Read for the First Time
7/19/2004	1	Columbus City Council	Waive the 2nd Reading	Pass
7/19/2004	1	Columbus City Council	Approved	Pass
7/19/2004	1	COUNCIL PRESIDENT	Signed
7/13/2004	1	Atty Drafter	Sent to Clerk's Office for Council
7/7/2004	1	Atty Drafter	Sent for Approval
7/7/2004	1	CITY AUDITOR	Reviewed and Approved
7/6/2004	1	City Clerk's Office	Sent back for Clarification/Correction
6/18/2004	1	Atty Drafter	Sent for Approval
6/18/2004	1	CITY ATTORNEY	Reviewed and Approved
6/18/2004	1	Atty Drafter	Sent for Approval
6/18/2004	1	Auditor Reviewer	Reviewed and Approved
6/18/2004	1	Atty Drafter	Sent to Clerk's Office for Council

Explanation

BACKGROUND: This Ordinance is submitted to settle the lawsuit known as Nicole Solis, et al. v. City of Columbus, et al., Case No. C2-02-788 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 August 12, 2001, S.W.A.T. officers conducted a dynamic entry into a residence at 120 Dakota Avenue, which was occupied by Nicole Solis and Carmen Solis. There was a mistake in the identification of the search warrant address, which resulted in the officers entering the wrong house. Because the officers acted pursuant to the address listed on the warrant, it was not apparent to them that they were in the wrong house. In their lawsuit against the City, Plaintiffs claimed violations of their Fourth Amendment rights.

FISCAL IMPACT: Funds have not been specifically budgeted for this settlement but are available in the appropriate amount.

Title

To authorize and direct the City Attorney to settle the claims brought by Nicole Solis and Carmen Solis against the City of Columbus in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-02-788 and to authorize the expenditure of the sum of Twenty-five Thousand dollars ($25,000.00) in settlement of this lawsuit

Body

WHEREAS, on August 9, 2002, Plaintiffs filed a lawsuit in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-02-788 against the City of Columbus in which they claimed violations of their Fourth Amendment rights to be free from illegal search and seizure;

WHEREAS, following investigation and an evaluation of Plaintiffs' claims in the course of litigation, the parties reached an agreement to settle this matter for the total amount of Twenty-five Thousand dollars ($25,000.00) during a settlement conference ordered by the District Court. The settlement amount was deeme...