Explanation
This ordinance is submitted to pay the award of attorneys’ fees and costs with respect to the jury verdict in favor of Joseph Hines, in the amount of Ninety-Nine Thousand Nine Hundred and Thirty-Four Dollars and 89/100 ($99,934.89).
Plaintiff’s claims arose out of his arrest on or about August 29, 2012. Plaintiff Hines was lawfully arrested, but complained that when he resisted arrest officers used excessive force while handcuffing him and taking him into custody.
Plaintiff filed his complaint pursuant to 42 U.S.C § 1983 and § 1988 alleging violation of his rights under the Fourth and Fourteenth Amendments. During the course of litigation, the City of Columbus and several Division of Police personnel were dismissed, with three officers remaining when the case went to trial on September 21, 2015. On September 28, 2015, the jury entered a verdict against one officer, on one claim, in the amount of $30,000.00 (See Ordinance 2833-2015). In addition to the verdict, a petition for attorneys’ fees and costs was filed, and by Opinion and Order dated May 4, 2016, the Court ordered payment pursuant to 42 U.S.C. § 1988, in the amount of $99,934.89.
This ordinance authorizes an expenditure of $99,934.89 from an existing ACPO000577 from Ordinance 3109-2015 for this purpose.
Title
To authorize and direct the City Attorney to pay the attorneys’ fees and costs in accordance with the Order entered on May 4, 2016 in the case of Joseph Hines v. Thomas DeWitt, et al., in the United States District Court for the Southern District of Ohio; to authorize the expenditure of the sum of $99,934.89; and to declare an emergency. ($99,934.89)
Body
WHEREAS, on August 29, 2012, Joseph Hines was lawfully arrested; and
WHEREAS, in 2013, Mr. Hines filed a complaint in the United States Direct Court alleging the City interfered with his rights under the Fourth Amendment claiming excessive force; and
WHEREAS, following a jury trial of Mr. Hines' claims, the jury returned a...
Click here for full text