Explanation
This Ordinance is submitted to settle the lawsuit known as Brandon Stone v. Thomas DeWitt, et al., Case No. C2-05-608 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of Three Hundred Thousand and No/100 Dollars ($300,000.00). On October 16, 2004, the plaintiff was arrested. While being transported in a police wagon, the wagon came to a sudden stop. The plaintiff, who was handcuffed but not seat belted, fell forward and suffered injury to his neck.
Title
To authorize and direct the City Attorney to pay the settlement amount to Brandon Stone, et. al in the case of Brandon Stone v. Thomas DeWitt, et al., United States District Court Case No. C2-05-608, to authorized the City Auditor to transfer $300,000.00 within the general fund from the Department of Finance and Management to the Department of Public Safety, Division of Police, to authorize the expenditure of the sum of Three Hundred Thousand and No/100 Dollars ($300,000.00), payable as specified in Section 3, and to declare an emergency.
Body
WHEREAS, on May 20, 2005, the plaintiff filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 05CVH5-05625, against the City of Columbus and Officer Thomas DeWitt and Officer Robert Schons; the case was subsequently removed to the United States District Court for the Southern District of Ohio, Case No. C2-05-608. The plaintiff alleged a violation of his rights under the First, Fourth and Fourteenth Amendments as well as claims brought under the laws of the State of Ohio;
WHEREAS, Following the evaluation of plaintiff's claims in the course of litigation, the parties reached an agreement to settle this matter. Due to the dispute of this claim and the risks and uncertainties associated with continued litigation and trial, the settlement amount was deemed acceptable by the City of Columbus, along with dismissal of the lawsuit with prejudice and a release of the Ci...
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