Explanation
This Ordinance authorizes the payment of a settlement of attorney's fees and costs in the lawsuit of Orelius Barnett v. City of Columbus, et al., United States District Court Case No. C2-04-1113. Orelius Barnett was arrested at Easton Town Center Mall on October 25, 2003. Mr. Barnett, alleging that the arresting officers used excessive force, brought a lawsuit against the City and three Columbus Police Officers. A trial was held in the United States District Court in June, 2006. A decision was rendered by the Court on June 30, 2006 in favor of Mr. Barnett against one of the three officers. Although Judgment in favor of Mr. Barnett has been satisfied in full by the City, Mr. Barnett is entitled to the payment of his attorney's fees and costs as a "prevailing party" under applicable federal law.
Title
To authorize the City Auditor to transfer $100,000 within the general fund from the Department of Finance and Management to the Department of Public Safety, Division of Police; to authorize and direct the City Attorney to pay the settlement amount to Maguire & Schneider LLP, counsel for Plaintiff Orelius Barnett, in the case of Orelius Barnett v. City of Columbus, et al., United States District Court Case No. C2-04-1113; to authorize the expenditure of the sum of Ninety Thousand Dollars ($90,000.00); and to declare an emergency.
Body
WHEREAS, a trial was held in the United States District Court in June, 2006, and a decision was rendered by the Court on June 30, 2006 in favor of Mr. Barnett;
WHEREAS, Mr. Barnett is entitled to the payment of attorney's fees and costs;
WHEREAS, the parties entered settlement discussions to determine the amount of attorney's fees and costs to be paid by the City to Maguire & Schneider LLP, the law firm representing Mr. Barnett;
WHEREAS, due to the risks and uncertainties involved, the settlement is a fair and reasonable sum to resolve any potential dispute over the amount of attorney's...
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