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File #: 2169-2012    Version: 1
Type: Ordinance Status: Passed
File created: 9/28/2012 In control: Public Safety & Judiciary Committee
On agenda: 10/22/2012 Final action: 10/24/2012
Title: To authorize and direct the City Attorney to settle the claims brought by George Collins against the City of Columbus, Chief Walter L. Distelzweig, and Detective Craig Bowen in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. 2:11 CV 708; to authorize the expenditure of the sum of Eighty-two thousand five hundred dollars ($82,500.00) in settlement of this lawsuit and to declare an emergency.
Explanation
Background:

This ordinancence is submitted to settle the lawsuit known as George Collins v. City of Columbus, et al., Case No. 2:11 CV 708 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of Eighty-two thousand five hundred dollars ($82,500.00). On September 17, 2007, officers of the Columbus Division of Police executed a search warrant at various storage units controlled by Mr. Collins as part of a theft investigation. They seized, and subsequently disposed of, property from the storage units. In his lawsuit, Mr. Collins claimed his property was disposed of without due process.

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 George Collins against the City of Columbus, Chief Walter L. Distelzweig, and Detective Craig Bowen in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. 2:11 CV 708; to authorize the expenditure of the sum of Eighty-two thousand five hundred dollars ($82,500.00) in settlement of this lawsuit and to declare an emergency.

Body

WHEREAS, on August 5, 2011, Mr. Collins filed a lawsuit in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. 2:11 CV 708, against the City, Chief Distelzweig, and Detective Bowen, in which he claimed his property was disposed of without due process.

WHEREAS, The amount of Eighty-two thousand five hundred and 00/100 dollars ($82,500.00) on Mr. Collins's claims was deemed acceptable by the City of Columbus, along with dismissal of the case with prejudice and a release of the City of Columbus and its employees from any further liability; now,

WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to approve this settlement so tha...

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