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File #: 2663-2013    Version: 1
Type: Ordinance Status: Passed
File created: 11/6/2013 In control: Public Safety & Judiciary Committee
On agenda: 12/2/2013 Final action: 12/5/2013
Title: To authorize and direct the City Attorney to settle the lawsuit of Tremaine Nelms, et al. v. City of Columbus, et al., currently pending in the United States District Court for the Southern District of Ohio, Eastern Division; to authorize the transfer and expenditure of $35,000.00 within the Division of Police's General Fund Budget; and to declare an emergency. ($35,000.00)
Explanation

Background
This ordinance is submitted to settle the lawsuit of Tremaine Nelms, et al. v. City of Columbus, et al., United States District Court for the Southern District of Ohio, Eastern Division Case No. C2-08-1038, for the total amount of Thirty-Five Thousand Dollars ($35,000.00).

A Columbus police officer entered the apartment of Tremaine Nelms at 4400 Shoupmill Drive on April 9, 2007. The officer did not have a warrant to enter, but believed there were circumstances that permitted his entry. The officer was trying to locate the resident after being dispatched to the apartment on the report of property destruction. Mr. Nelms and his brother, Kaylen Alli, filed a lawsuit against the City of Columbus and two Columbus police officers, asserting that the warrantless entry into the apartment was a violation of their rights under the Fourth Amendment. Although summary judgment had been granted in favor of the defendants, the United States Court of Appeals reversed the decision and remanded the case to District Court for trial. The District Court conducted a case mediation on October 21, 2013 at which the terms of a settlement were agreed to by all parties. The City Attorney’s Office and the Department of Public Safety recommend approval of the settlement as being in the best interest of the City.

Fiscal Impact
Funds were not specifically budgeted for this settlement; however, funds will be transferred within the Division of Police's General Fund Budget, from the Transfers line item to Claims, to properly align appropriation with projected expenditure.

Title

To authorize and direct the City Attorney to settle the lawsuit of Tremaine Nelms, et al. v. City of Columbus, et al., currently pending in the United States District Court for the Southern District of Ohio, Eastern Division; to authorize the transfer and expenditure of $35,000.00 within the Division of Police's General Fund Budget; and to declare an emergency. ($35,000.00)

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