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File #: 0901-2016    Version:
Type: Ordinance Status: Passed
File created: 3/25/2016 In control: Judiciary And Court Administration Committee
On agenda: 4/18/2016 Final action: 4/21/2016
Title: To authorize and direct the City Attorney to settle the lawsuit of James R. Barber v. The City of Columbus, Ohio, et al. pending in the United States District Court for the Southern District of Ohio, Eastern Division; to authorize the expenditure of the sum of Two Hundred Thirty-Seven Thousand Dollars ($237,000.00) in settlement of this lawsuit; and to declare an emergency.
Attachments: 1. Ordinance Attachments
Explanation

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 lawsuit of James R. Barber v. The City of Columbus, Ohio, et al. pending in the United States District Court for the Southern District of Ohio, Eastern Division; to authorize the expenditure of the sum of Two Hundred Thirty-Seven Thousand Dollars ($237,000.00) in settlement of this lawsuit; and to declare an emergency.

Body

This Ordinance is submitted to settle the lawsuit known as James R. Barber v. The City of Columbus, Ohio, et al., Case No. 2:14-cv-2183 in the United States District Court for the Southern District of Ohio, Eastern Division, in the amount of Two Hundred and Thirty-Seven Thousand Dollars ($237,000.00). James R. Barber’s claim arises out of an encounter with police officers on November 13, 2013, during which he was shot in the shoulder.

WHEREAS, on November 11, 2014, Mr. Barber filed a lawsuit in the United States District Court for the Southern District of Ohio, Eastern Division, Case No. 2:14-cv-2183, against The City of Columbus, Ohio, Kimberley Jacobs, Officers Bobby Schoolcraft and Kelly Yeager in which he claimed he was subjected to an unreasonable use of force by Officers Bobby Schoolcraft and Kelly Yeager in violation of the Fourth Amendment and Ohio law; and

WHEREAS, the officers had been dispatched on a cutting/stabbing and, when confronting James R. Barber, believed his actions posed a risk of harm to the officers and Officer Schoolcraft fired his weapon one time, striking Mr. Barber in the shoulder; and

WHEREAS, following the evaluation of the claims and the risk of continued litigation in the settlement of claims against Tthe City of Columbus, Ohio, Kimberley Jacobs, Officers Bobby Schoolcraft and Kelly Yeager, in the amount of Two Hundred and Thirty-Seven Thousand Dollars ($237,000.00) to be paid ...

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