Explanation
BACKGROUND:
This Ordinance is submitted to settle the lawsuit known as Garry Owens v. City of Columbus, et al., Case No. 03-CV-696 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of Fifty-five Thousand Dollars ($ 55,000.00). On June 20, 2002, Mr. Owens was detained and arrested by Officers Castro, DiLello, and Kise. In his lawsuit, Mr. Owens claimed false arrest and illegal use of force in violation of the Fourth Amendment and assault and battery under state law. Defendants filed a motion for summary judgment as to all claims. In response, Mr. Owens withdrew his claims against the City. The Court conducted oral argument on Defendants' motion, which was immediately followed by a Court-ordered settlement conference. The Court did not issue a decision on Defendants' motion.
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 Garry L. Owens against the City of Columbus, Officer Caroline Castro, Officer Mark DiLello, and Officer Keith Kise in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. 03-CV-696 and to authorize the expenditure of the sum of Fifty-five Thousand Dollars ($55,000.00) in settlement of this lawsuit and to declare an emergency.
Body
WHEREAS, on June 18, 2003, Mr. Owens filed a lawsuit in the Franklin County Court of Common Pleas against the City and Officers Castro, DiLello, and Kise, in which he claimed false arrest and the use of illegal force in violation of the Fourth Amendment, which case was removed to the United States District Court for the Southern District of Ohio, Eastern Division, Case No. 03-CV-696; and,
WHEREAS, In connection with the court-ordered settlement conference, the amount of Fifty-five Thousand and 00/100 Dollars ($55,000.00...
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