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File #: 0788-2012    Version: 1
Type: Ordinance Status: Passed
File created: 4/2/2012 In control: Public Safety & Judiciary Committee
On agenda: 4/16/2012 Final action: 4/19/2012
Title: To authorize and direct the City Attorney to settle the case of Robert L. McClendon v. City of Columbus, et al., pending in the United States District Court for the Southern District of Ohio; to authorize the expenditure of $200,000.00 from the General Fund; and to declare an emergency. ($200,000.00)
Explanation

This ordinance is submitted to settle the claims of Robert L. McClendon, for the total amount of Two Hundred Thousand Dollars ($200,000.00).

Plaintiff’s claims arose out of his conviction in 1991 for rape and kidnapping in April 1990. His conviction was upheld in 1992. In 2008, McClendon moved for a new trial in connection with DNA testing conducted more than eighteen years after the Columbus Division of Police investigation. Based on the DNA analysis, the Court granted the motion for a new trial and then entered a nolle prosequi as to the original indictment.

Plaintiff filed his complaint pursuant to 42 U.S.C § 1983 alleging violation of his rights under the Fourth, Fifth, Sixth and Fourteenth Amendments and alleging state law claims of malicious prosecution and intentional infliction of emotional distress with respect to the 1990 investigation by the Columbus Division of Police and its employees.

Funds were not specifically budgeted for this settlement; however, sufficient monies are available within Finance’s Citywide Account for this purpose.

Title

To authorize and direct the City Attorney to settle the case of Robert L. McClendon v. City of Columbus, et al., pending in the United States District Court for the Southern District of Ohio; to authorize the expenditure of $200,000.00 from the General Fund; and to declare an emergency. ($200,000.00)

Body

WHEREAS, in April 1991 Robert L. McClendon was convicted for rape and kidnapping in April 1990, and in 1992 his conviction was upheld; he spent eighteen years in prison for the crimes; and

WHEREAS, in 2008, Mr. McClendon moved for a new trial in connection with DNA testing conducted more than eighteen years after the CPD investigation. The court granted the motion for a new trial and then entered a nolle prosequi as to the original indictment. Mr. McClendon filed a complaint in the United States Direct Court, Case No. 2:10 cv 711, alleging the City interfered with his rights under ...

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