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File #: 1790-2024    Version: 1
Type: Ordinance Status: Council Office for Signature
File created: 6/12/2024 In control: Public Safety & Criminal Justice Committee
On agenda: 7/1/2024 Final action:
Title: To authorize and direct the City Attorney to pay attorneys’ fees, court costs, and pre-judgment interest in accordance with the Opinion and Order entered on June 4, 2024 in the case Terry Scott Caskey v. Nathan Fenton, et al., United States District Court Case No. 2:20-cv-1549; to authorize the transfer of $545,210.95 between divisions and object classes within the General Fund; to authorize the expenditure of the sum of Five Hundred Forty-five Thousand, Two Hundred Ten Dollars and Ninety-five Cents ($545,210.95) in payment of the attorneys’ fees, court costs, and pre-judgement interest; and to declare an emergency. ($545,210.95).
Attachments: 1. 1790-2024 Court Order, 2. 1790-2024 Financial Coding
Explanation

Background:

This legislation is submitted to authorize the payment of attorneys’ fees, court costs, and pre-judgment interest in accordance with the Opinion and Order entered on June 4, 2024, in favor of Terry Scott Caskey, in the amount of Five Hundred Forty-five Thousand, Two Hundred Ten Dollars and Ninety-five Cents ($545,210.95).

On November 11, 2018, Columbus Police Officers Nathan Fenton and Charles Harshbarger observed a Nissan Altima stopped on Dana Avenue. The Officers then observed the Altima make a couple of minor misdemeanor traffic violations and initiated their lights and made two audible siren blasts to initiate a traffic stop. At this time, the Altima failed to stop and appeared to be fleeing from the Officers’ visible and audible signals to pull over. The Officers then observed the Altima make some dangerous driving maneuvers, including failing to wait for a vehicle in front of them to complete a turn before making its own turn, turning into a lane for travel in the opposite direction, and making a turn when others had the rights of way, causing other cars to stop to avoid a collision. While following the Altima, the Officers were able to observe the driver who matched the OHLEG photo of the car’s registered owner, Terry Caskey. This was enough for the Officers to believe that they had probable cause that a felony, Ohio Revised Code 2921.331(B), had occurred. The Officers made a report and charges were presented to a Grand Jury who chose to indict Plaintiff Caskey. A warrant was then issued and Plaintiff Caskey was subsequently arrested for a third-degree felony Failure to Comply with an Order or Signal of Police arising from that November 11, 2018 incident. Plaintiff Terry Caskey spent five (5) nights in jail following this arrest and his criminal case was eventually dismissed.

The civil case went to trial against Officers Fenton and Harshbarger and presented two causes of action against each: (1) seizure without probable cause ...

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