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File #: 0039-2021    Version: 1
Type: Ordinance Status: Passed
File created: 1/5/2021 In control: Criminal Justice & Judiciary Committee
On agenda: 2/1/2021 Final action: 2/5/2021
Title: To authorize and direct the City Attorney to settle the lawsuit captioned Mary M. Laile v. Andrew K. Mitchell, et al., United States District Court Case No. 2:19-cv-03689; to authorize the expenditure of the sum of $1,025,000.00 in settlement of the lawsuit; and to declare an emergency.
Explanation

Background:

On August 23, 2018, Donna Gail Castleberry (“Castleberry”) was shot and killed by then Columbus Police Officer Andrew K. Mitchell (“Mitchell”). The facts and circumstances leading up to, surrounding, and including the shooting, as alleged by Plainitff, (collectively “the Incident”) are more fully described in Plaintiff’s Complaint (“the Complaint”) filed on August 23, 2019 in the lawsuit captioned Mary M. Laile v. Andrew K. Mitchell, et al., United States District Court Case No. 2:19-cv-03689 pending in the Southern District of Ohio (“the Lawsuit”).

Plaintiff Mary M. Laile is the personal representative and Special Administrator of Castleberry’s Estate and is acting for the exclusive benefit of Castleberry’s Estate and for those persons identified in Ohio Revised Code Section 2125.02 and/or Castleberry’s Next of Kin. John W. Waddy Jr. is the Attorney for the Estate.

In the Complaint, Plaintiff alleges, among other things, that: (a) Mitchell violated Castleberry’s federal and state rights during the Incident; (b) the customs, policies, and practices of the City of Columbus were the moving force behind the deprivation of Castleberry’s rights; and (c) Castleberry, as well as her family and next of kin, suffered damages. Plaintiff’s various causes of action are specified in the Complaint. Plaintiff named Mitchell, the City of Columbus, and former Columbus Division of Police Chief Kim Jacobs as defendants in the Lawsuit.

Fiscal Impact:

Funds were not specifically budgeted for this settlement; however, sufficient monies are available on BRDI002433 for this purpose.


Title

To authorize and direct the City Attorney to settle the lawsuit captioned Mary M. Laile v. Andrew K. Mitchell, et al., United States District Court Case No. 2:19-cv-03689; to authorize the expenditure of the sum of $1,025,000.00 in settlement of the lawsuit; and to declare an emergency.


Body

WHEREAS, Plaintiff alleges that former Columbus Police Officer And...

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