Explanation
BACKGROUND:
This Ordinance is submitted to settle the lawsuit captioned Dale Phillips v. Karen Blair, et al., United States District Court Case No. 2:16-cv-880, in the amount of Forty-Five Thousand Dollars ($45,000.00). On September 15, 2014, Dale K. Phillips II was arrested and charged with “obstruction of official business” in connection with Columbus police officers’ investigation of a reported “burglary in progress.” On September 13, 2016, Mr. Phillips filed the above-referenced lawsuit in federal court, alleging claims against six officers and the City of Columbus for retaliation in violation of the First Amendment; illegal search and seizure, use of excessive force, false arrest, and malicious prosecution in violation of the Fourth Amendment; and malicious prosecution in violation of Ohio law.
On September 3, 2019, the Sixth Circuit Court of Appeals issued its decision, reversing the district court and granting judgment to Defendant officers. The Sixth Circuit held the defendant officers’ actions in detaining Mr. Phillips, forcefully extracting him from his truck, taking him to the ground, handcuffing him, and charging him with “obstruction of justice” were all objectively reasonable. The case was remanded for trial as to Mr. Phillips’ claim of excessive force based on the use of pepper spray, which was not part of the appeal because it involved a dispute of fact. Defendants maintain the officer who deployed the pepper spray used it to stop Phillips from resisting so that the officers could secure him with handcuffs; Phillips maintains both handcuffs were on when the pepper spray was used and he was compliant. The remaining defendants were the officer who deployed the pepper spray and the City.
FISCAL IMPACT:
Funds were not specifically budgeted for this settlement; however, sufficient monies are available in the Division of Police’s general fund budget for this purpose.
EMERGENCY DESIGNATION:
Emergency legislation is necessary to ensur...
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