Explanation
BACKGROUND: This ordinance is submitted to settle the lawsuit known as Perry Stanley, et al. v. Martin Malone, et al., United States District Court for the Southern District of Ohio, Case No. 2:07-cv-694, in the amount of $182,500.00. In July 2005, Columbus Police detectives obtained and executed a search warrant at the home of Perry Stanley and Deborah Stanley in Johnstown, Ohio. Several automobiles and automobile titles were seized. Perry Stanley was charged with VIN tampering and the charge was subsequently dismissed. The plaintiffs claimed that the search and seizure of their property were in violation of their Fourth Amendment rights.
FISCAL IMPACT: Funds were not specifically budgeted for this settlement; however, sufficient monies are available in the appropriate account to pay this settlement.
Title
To authorize and direct the City Attorney to settle the lawsuit of Perry Stanley, et al. v. Martin Malone, et al., United States District Court for the Southern District of Ohio, Case No. 2:07-cv-694, to authorize the City Auditor to transfer One Hundred Eighty-Two Thousand Five Hundred Dollars ($182,500.00) 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 One Hundred Eighty-Two Thousand Five Hundred Dollars ($182,500.00), and to declare an emergency.
Body
WHEREAS, on July 20, 2007, the plaintiffs filed a lawsuit in the United States District Court for the Southern District of Ohio, Case No. 2:07-cv-694, against members of the Columbus Division of Police in which they claimed a violation of their Fourth Amendment rights;
WHEREAS, following investigation and evaluation of plaintiffs' claims in the course of litigation, the parties reached an agreement to settle this matter during several settlement conferences. Due to the dispute of this claim and the risks and uncertainties associated with continued litigation, the set...
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