Explanation
Background:
This Ordinance is submitted to settle the lawsuit known as Mary L. Rivers, Administrator of the Estate of Cameron Lamar Straughter, Deceased, v. Kenneth Bowers and the City of Columbus, pending in the United States District Court for the Southern District of Ohio. On August 21, 2004, police officers responded to a 911 caller who had reported seeing a man with a gun in the back of his pants. As police responded the suspect fled and was observed pulling what appeared to be the gun from the back of his pants. The suspect refused orders to get on the ground and drop the weapon, when he suddenly turned into the direction of an approaching Officer. Believing the suspect was armed and posed an immediate threat of serious physical harm, an officer fired one shot. The suspect died from the gun shot wound. The object the suspect was holding was actually a Brookstone folding knife/pruning tool, which looked like a gun.
Fiscal Impact:
Sufficient funds are available in the Division of Police to pay this claim. Two-Hundred and twenty five Thousand Dollars ($225,000) were originally budgeted in the Division of Police's General Fund to pay for such claims.
Title
To authorize and direct the City Attorney to settle the lawsuit of Mary L. Rivers, Administrator of the Estate of Cameron Lamar Straughter, Deceased, v. Kenneth Bowers and the City of Columbus, currently pending in the United States District Court for the Southern District of Ohio; to authorize the expenditure of the sum of Seventy-five Thousand Dollars ($75,000.00) from the General Fund in settlement of this lawsuit; and to declare an emergency.
Body
WHEREAS, on August 21, 2006, the plaintiff filed a lawsuit in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-06-712, against Kenneth Bowers and the City of Columbus. The plaintiff alleged a violation of Cameron Straugther's rights under the 4th, 8th, ...
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