City of Columbus - File #: 1542-2004

• File #: 1542-2004
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 8/26/2004
• In control: Safety Committee
• On agenda: 9/13/2004
• Final action: 9/15/2004
• Title: To authorize and direct the City Attorney to pay the settlement amount to Mark A. DiBlasio and Rex Elliot, COOPER & ELLIOT, L.L.C., counsel for Plaintiff, in the case of Mark A. DiBlasio v. John P. Shoopman, et al., Case No. C2-02-349 in the United States District Court for the Southern District of Ohio, Eastern Division, to authorize the transfer of One Hundred Thousand Dollars ($100,000.00) within the general fund from the Department of Finance to the Department of Public Safety, Division of Police, to authorize expenditure of the sum of One Hundred Thousand Dollars ($100,000.00), and to declare an emergency.

Date	Ver.	Action By	Action	Result
9/15/2004	1	CITY CLERK	Attest
9/14/2004	1	MAYOR	Signed
9/13/2004	1	Columbus City Council	Approved	Pass
9/13/2004	1	COUNCIL PRESIDENT	Signed
9/7/2004	1	Atty Drafter	Sent for Approval
9/7/2004	1	CITY ATTORNEY	Reviewed and Approved
9/7/2004	1	Atty Drafter	Sent for Approval
9/7/2004	1	Auditor Reviewer	Reviewed and Approved
9/7/2004	1	CITY AUDITOR	Reviewed and Approved
9/7/2004	1	Atty Drafter	Sent to Clerk's Office for Council
8/31/2004	1	CITY ATTORNEY	Reviewed and Approved
8/31/2004	1	Finance Reviewer	Reviewed and Approved
8/31/2004	1	FINANCE DIRECTOR	Reviewed and Approved
8/27/2004	1	Finance Reviewer	Reviewed and Disapproved
8/26/2004	1	Atty Drafter	Sent for Approval

title
To authorize and direct the City Attorney to pay the settlement amount to Mark A. DiBlasio and Rex Elliot, COOPER & ELLIOT, L.L.C., counsel for Plaintiff, in the case of Mark A. DiBlasio v. John P. Shoopman, et al., Case No. C2-02-349 in the United States District Court for the Southern District of Ohio, Eastern Division, to authorize the transfer of One Hundred Thousand Dollars ($100,000.00) within the general fund from the Department of Finance to the Department of Public Safety, Division of Police, to authorize expenditure of the sum of One Hundred Thousand Dollars ($100,000.00), and to declare an emergency.

explanation
This Ordinance is submitted to settle the lawsuit known as Mark A. DiBlasio v. John P. Shoopman, et al., Case No. C2-02-349 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of One Hundred Thousand Dollars ($100,000.00). During the early morning of March 17, 2000, the Plaintiff, Mark A. DiBlasio, was shot during a fight by a Columbus police officer who feared that Mr. DiBlasio would kill or seriously injure the officer's partner. Mr. DiBlasio was 31 years old at the time and had suffered from severe bipolar disorder since he was a teenager. He was shot in the abdomen and had two major surgeries to repair the physical damage. He claims a violation of his rights under the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution.

Fiscal Impact

Funds were not specifically budgeted for this settlement; however, sufficient monies are available within Finance's citywide account for this purpose. The 2004 budget included $1,080,000 in the citywide account for claims and settlements. Of the orginal amount approriated, $103,837 remains. This award, when paid, will exhaust all but $3,837 of the original appropriation for claims and settlements.

body
WHEREAS, on March 7, 2002, the Plaintiff filed a lawsuit in the Franklin County Court of Common Pleas (later ...