header-left
Share to Facebook Share to Twitter Bookmark and Share
File #: 3199-2018    Version: 1
Type: Ordinance Status: Passed
File created: 11/9/2018 In control: Judiciary And Court Administration Committee
On agenda: 12/3/2018 Final action: 12/6/2018
Title: To authorize and direct the City Attorney to settle the lawsuit known as Ahkilah Pendergrass v. City of Columbus, 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 $90,000.00 in settlement of this lawsuit; and to declare an emergency. ($90,000.00)
Explanation
This Ordinance is submitted to settle the lawsuit known as Ahkilah Pendergrass v. City of Columbus, et al., 2:17-cv-695 in the United States District Court, for the Southern District of Ohio, Eastern Division, in the amount of Ninety Thousand Dollars and zero cents ($90,000.00). Ms. Pendergrass’ claims arise out of an allegedly unlawful entry into a residence, an allegedly unjustifiable seizure of the residence, and an allegedly excessive use of force arising out of an August 9, 2016 incident.

On August 9, 2017, Ms. Pendergrass, filed a civil action against the City of Columbus and its employee Randal Lyons. Ms. Pendergrass claimed Officer Lyons, and others, unlawfully entered her residence in search of an armed robbery suspect and, after discovering the suspect at her residence, unjustifiably ordered everyone from the residence while CPD waited for a search warrant. According to Ms. Pendergrass, Officer Lyons also threw her to the ground during a melee that occurred inside the residence as others attempted to get back inside. Medical records suggest Ms. Pendergrass suffered a probable nondisplaced fracture of a bony outgrowth on her left scapula (i.e., shoulder blade) during the incident and has been on disability for over 94 weeks. The City and Officer Lyons have denied liability, denied Ms. Pendergrass’ version of events, and asserted their immunity under both federal and state law.

This ordinance authorizes an expenditure of $90,000.00 from an existing ACDI000706 from Ordinance 3059-2018 for this purpose.

Emergency action is requested for this ordinance to be effective immediately in order for the parties to effectuate the settlement of this lawsuit, which is in the best interest of the City, and to pay the agreed to sum without delay.

Title
To authorize and direct the City Attorney to settle the lawsuit known as Ahkilah Pendergrass v. City of Columbus, et al. pending in the United States District Court, for the Southern District of Ohio, ...

Click here for full text