header-left
File #: 0058-2023    Version: 1
Type: Ordinance Status: Passed
File created: 12/29/2022 In control: Criminal Justice & Judiciary Committee
On agenda: 1/30/2023 Final action: 2/1/2023
Title: To authorize and direct the City Attorney to settle the lawsuit captioned Timothy Davis v. City of Columbus, et al., United States District Court Case No. 2:17-cv-823; to authorize the expenditure of the sum of two hundred and twenty-five thousand dollars and zero cents ($225,000.00) from the General Fund in settlement of the lawsuit; and to declare an emergency.
Explanation

Background:

This Ordinance is submitted to settle the lawsuit captioned Timothy Davis v. City of Columbus, et al., United States District Court Case No. 2:17-cv-823, in the amount of Two Hundred Twenty-Five Thousand Dollars ($225,000.00).

On or about September 1, 2017, Defendant Officers Matthew Baker, Sean Connair, Eric Everhart, Anthony Johnson, LeVon Morefield, and Robert Reffitt were working the Zone 5 Violent Crime Working Group. The working group was looking for Plaintiff Davis, who had outstanding misdemeanor and felony warrants arising out of both Ohio and Kentucky. When the working group learned that Davis would be at the Livingston Market, they proceeded to that location in order to arrest Davis pursuant to his warrants. Officers Connair, Everhart, Johnson, and Morefield arrived at the Livingston Market first and visually confirmed Davis’ presence. They saw Davis exit the market and stand just outside before Davis observed the Officers and retreated back into the store. Officer Johnson was the first to make contact with Davis and informed him of his arrest as well as gave verbal commands. Officer Johnson then grabbed Davis' left wrist and again informed him that he was under arrest. What followed was a lengthy struggle between the Officers and Davis to effectuate Davis’ arrest. After the Officers aired for backup, Defendant Officers Ryan Steele and Alan Bennett arrived. Officer Bennett attempted several times to deploy his division-issued TASER but this was unsuccessful in subduing Davis. Mr. Davis was eventually apprehended and arrested. As a result of this arrest, Mr. Davis alleged a) violation of his fourth amendment right to be free from excessive force against each of the eight individual Defendant Officers; b) state law assault and battery against each individual Defendant; and 3) a Monell claim against the City.

Although a jury trial was held in December 2021 and all Defendants were found not to be liable, the District Court rece...

Click here for full text