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File #: 0318-2024    Version: 1
Type: Ordinance Status: Passed
File created: 1/23/2024 In control: Public Safety & Criminal Justice Committee
On agenda: 2/12/2024 Final action: 2/14/2024
Title: To authorize and direct the City Attorney to settle the lawsuit captioned James England v. City of Columbus, et al., United States District Court Case No. 2:17-cv-104; to authorize a transfer of $300,000.00 within the General Fund; to authorize the expenditure of the sum of three hundred thousand dollars and zero cents ($300,000.00) from the General Fund in settlement of the lawsuit; and to declare an emergency. ($300,000.00)
Attachments: 1. 0318-2024 Account Codes 012324.pdf
Explanation

Background:

This Ordinance is submitted to settle the lawsuit captioned James England v. City of Columbus, et al., United States District Court Case No. 2:17-cv-104, in the amount of Three Hundred Thousand Dollars ($300,000.00).

On or about February 6, 2015, Officers Keith Abel, Douglas Fulwider, Amando Dungey and Sergeant Kenneth Griffis arrested James England for a felony assault warrant. During the arrest, Plaintiff was shot and injured by Officer Keith Abel. The facts and circumstances (“the Incident”) are more fully described in Plaintiff’s Complaint filed in the lawsuit captioned James England v. City of Columbus, Ohio, et al., United States District Court Case No. 2:17-cv-104 pending in the Southern District of Ohio (“the Lawsuit”). Plaintiff named Keith Abel, Douglas Fulwider, Amando Dungey, Sergeant Kenneth Griffis and The City of Columbus as defendants in the Lawsuit. Douglas Fulwider, Amando Dungey and Kenneth Griffis were previous dismissed from the Lawsuit. In the Lawsuit, Mr. England alleged a) violation of his Fourth Amendment right to be free from excessive force against Keith Abel; and b) a §1983 municipal liability claim against the City of Columbus.

The City Attorney’s Office and the Director of the Department of Public Safety recommend approval of the settlement as being in the best interest of the City.

Fiscal Impact:

This ordinance authorizes the settlement of a lawsuit captioned James England v. City of Columbus, et al., United States District Court Case No. 2:17-cv-104; Funds were not specifically budgeted for this settlement; however, sufficient monies are available within Finance’s Citywide Account for this purpose. This ordinance is contingent upon passage of the 2024 General Fund Budget via Ordinance 3011-2023


Title

To authorize and direct the City Attorney to settle the lawsuit captioned James England v. City of Columbus, et al., United States District Court ...

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