Explanation
On September 24, 2012, at approximately 11:45 a.m., Officer Kimbrough approached the residence of Ms. Reeder and Mr. Miller, which is located in Westerville, Ohio, for the purpose of serving a traffic warrant. A discussion occurred on the front porch of the residence and at some point, Mr. Miller attempted to close the front door but was blocked by Officer Kimbrough. Mr. Miller and Ms. Reeder then retreated to the interior of the home, followed by Officer Kimbrough. Officer Kimbrough placed Mr. Miller under arrest after taking him to the floor. Mr. Miller was then transported to Franklin County Jail where four charges were ultimately filed against him. Those charges were later dismissed by the Franklin County Municipal Court. Ms. Reeder and Mr. Miller have presented a claim for illegal entry into their home and malicious prosecution.
Fiscal Impact: Funds were not specifically budgeted for this settlement, however sufficient monies are available within the Division of Police's General Fund budget. This ordinance authorizes the expenditure of Sixty Thousand Dollars ($60,000.00) from the Division of Police's General Fund operating budget for a claim settlement. This ordinance is contingent on the passage of 2060-2013.
Title
To authorize and direct the City Attorney to settle the claims of Linda J. Reeder and Anthony M. Miller; to authorize the expenditure of Sixty Thousand Dollars ($60,000.00) from the Division of Police's General Fund; and to declare an emergency.
Body
WHEREAS, on September 24, 2012, Officer Kimbrough entered the home of Linda J. Reeder and Anthony M. Miller without legal justification; and,
WHEREAS, Mr. Miller was arrested and transported to the Franklin County Jail and four charges were filed against him; and,
WHEREAS, those charges were ultimately dismissed; and,
WHEREAS, Ms. Reeder and Mr. Miller have presented a claim to the City of Columbus asserting that their Fourth and Fourteenth Amendment rights were ...
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