City of Columbus - File #: 1244-2004

• File #: 1244-2004
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 6/24/2004
• In control: Safety Committee
• On agenda: 7/12/2004
• Final action: 7/13/2004
• Title: To authorize and direct the City Attorney to pay the settlement amount to Jennifer Otero and Charles Bendig, counsel for plaintiff, in the case of Jennifer Otero v. David Wood, et al., United States District Court Case No. C2-02-478, to authorize the transfer of $250,000 within the general fund from the Department of Finance to the Department of Public Safety, Division of Police, and to authorize expenditure of the sum of Two Hundred Fifty Thousand Dollars ($250,000.00).

Date	Ver.	Action By	Action	Result
7/13/2004	1	MAYOR	Signed
7/13/2004	1	CITY CLERK	Attest
7/12/2004	1	Columbus City Council	Read for the First Time
7/12/2004	1	Columbus City Council	Waive the 2nd Reading	Pass
7/12/2004	1	Columbus City Council	Approved	Pass
7/12/2004	1	COUNCIL PRESIDENT	Signed
6/30/2004	1	Atty Drafter	Sent to Clerk's Office for Council
6/28/2004	1	Atty Drafter	Sent for Approval
6/28/2004	1	Auditor Reviewer	Reviewed and Approved
6/28/2004	1	CITY AUDITOR	Reviewed and Approved
6/28/2004	1	Atty Drafter	Sent for Approval
6/28/2004	1	CITY ATTORNEY	Reviewed and Approved
6/25/2004	1	Atty Drafter	Sent for Approval
6/25/2004	1	Finance Reviewer	Reviewed and Disapproved
6/25/2004	1	Atty Drafter	Sent for Approval
6/25/2004	1	Finance Reviewer	Reviewed and Approved
6/25/2004	1	FINANCE DIRECTOR	Reviewed and Approved

Explanation

This Ordinance is submitted to settle the lawsuit known as Jennifer Otero v. David Wood, et al., Case No. C2-02-478 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00). During the evening of April 21, 2001, the plaintiff, Jennifer Otero, was allegedly struck with a wooden baton round as the police attempted to clear a large, unruly crowd that had congregated on Norwich Avenue in the campus area. The plaintiff suffered an injury to her head, for which she continues to receive medical treatment and there are indications of a possible long-term effect. The plaintiff claims a violation of her rights under the Fourth Amendment.

Fiscal Impact: Funds were not specifically budgeted for this settlement; however, sufficient monies are available within Finance's citywide account for this purpose. The 2004 budget included $1,080,000 in the citywide account for claims and settlements. Two settlements have been paid to date totaling $423,694.54. After this settlement is paid, only $406,035.46 of the orginal appropriation for claims and settelments will remain.

Title

To authorize and direct the City Attorney to pay the settlement amount to Jennifer Otero and Charles Bendig, counsel for plaintiff, in the case of Jennifer Otero v. David Wood, et al., United States District Court Case No. C2-02-478, to authorize the transfer of $250,000 within the general fund from the Department of Finance to the Department of Public Safety, Division of Police, and to authorize expenditure of the sum of Two Hundred Fifty Thousand Dollars ($250,000.00).


Body

WHEREAS, on April 12, 2002, the plaintiff filed a lawsuit in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. C2-02-478, against the City of Columbus and members of the Columbus Division of Police in which she claimed a violation of her Fourth A...