City of Columbus - File #: 0544-2006

• File #: 0544-2006
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 3/3/2006
• In control: Safety Committee
• On agenda: 4/3/2006
• Final action: 4/5/2006
• Title: To authorize and direct the City Attorney to settle the claims brought by Demarko Steele against Officer James Jennings and the City of Columbus in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-04-189, and the related appeals, Case No. 05-4645/4647; to authorize the expenditure of the sum of eighty-two thousand dollars ($82,000.00) in settlement of this lawsuit; and to declare an emergency.

Date	Ver.	Action By	Action	Result
4/5/2006	1	ACTING CITY CLERK	Attest
4/4/2006	1	MAYOR	Signed
4/3/2006	1	Columbus City Council	Approved	Pass
4/3/2006	1	COUNCIL PRESIDENT	Signed
3/24/2006	1	City Clerk's Office	Sent back for Clarification/Correction
3/24/2006	1	Atty Drafter	Sent to Clerk's Office for Council
3/16/2006	1	Atty Drafter	Sent to Clerk's Office for Council
3/15/2006	1	Atty Drafter	Sent for Approval
3/15/2006	1	CITY ATTORNEY	Reviewed and Approved
3/10/2006	1	Auditor Reviewer	Reviewed and Approved
3/10/2006	1	CITY AUDITOR	Reviewed and Approved
3/9/2006	1	Finance Reviewer	Reviewed and Approved
3/9/2006	1	FINANCE DIRECTOR	Reviewed and Approved
3/9/2006	1	Atty Drafter	Sent for Approval
3/7/2006	1	Atty Drafter	Sent for Approval

Explanation
BACKGROUND:

This Ordinance is submitted to settle the lawsuit known as Demarko Steele v. Officer James Jennings, et al., Case No. C2-04-189 in the United States District Court for the Southern District of Ohio, Eastern Division and Demarko Steele v. Officer James Jennings, Case No. 05-4645/4647 in the United States Court of Appeals for the Sixth Circuit, in the amount of Eighty-Two Thousand and No/100 Dollars ($ 82,000.00). On March 24, 2003, Mr. Steele was taken into custody at Marion Franklin High School by Officer Jennings. In his lawsuit, Mr. Steele claimed false arrest and illegal use of force in violation of Fourth Amendment rights. The district court dismissed Mr. Steele's false arrest claim and his claims against the City. The case went to a jury trial on the use of force. Officer Jennings denied any illegal use of force. The jury found in favor of Mr. Steele on the use of force, which verdict entitled him to attorney's fees. Officer Jennings appealed the verdict, and Mr. Steele appealed the dismissal of his false arrest claim.

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 Demarko Steele against Officer James Jennings and the City of Columbus in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-04-189, and the related appeals, Case No. 05-4645/4647; to authorize the expenditure of the sum of eighty-two thousand dollars ($82,000.00) in settlement of this lawsuit; and to declare an emergency.
Body
WHEREAS, on March 8, 2004, Mr. Steele filed a lawsuit in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-04-189 against Officer James Jennings and the City of Columbus, in which he claimed false arrest and the use of illegal force in violation of his Fourth Amendment ...