87-1397 WHITE - GTV CLERK
PINK - FINANCE 7F �7 COUIICIl
CANARV - OEPARTMENT G I TY OF SA I NT l,A ll L �,� /���
BLUE - MAVOR File NO•
Co ncil solution
. � �l
Presented By �
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that upon execution and delivery of a release in
full to the City of Saint Paul, the property City officers are
hereby authorized and directed to pay out of the Tort Liability
fund 09070-511-000 to Scott A. Roy and his attorney, Barry G. Reed,
the sum of $27, 000 . 00 in full settlement of his claim for damages
sustained February 13, 1986, as more particularly set out in the
Summons and Complaint dated February 8, 1987 and filed with the
Clerk of United States District Court.
A P P R O V E D:
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ud e of District � urt
COUNCILMEN
Yeas Drew Nays Requested by Department of:
Nicosia �
Rettman _ [n Favor
Scheibel E'J
Sonnen __ Against BY —
Weida �
Wi1SOri SEP 2 � 1987 Form Ap ved by Cit Atto e
Adopted by Council: Date ��
CertiEied Pas e b ouncil--�S� B
By. 1
Approve � avor: Date Approved by Mayor for Submission to Council
By — BY
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Y�:4�'v�"� CITY OF SAINT PAUL
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,; �; OFFICE OF 7HE CITY ATTORNEY
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'�' ''-'� 1°° s:° EDWARD P. STARR, CITY ATTORNEY
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'"�r;�,��n°'m.��''� 647 City Hall, Saint Paul, Minnesota 55102
612-298-5121
GEORGE LATIMER
MAYOR
MEMORANDUM
TO: Members of the City Council
FROM: Frank E. Villaume, III
Assistant City Attorney
DATE: September 9 , 1987
RE: Scott A. Roy v. David Longbehn
Our File No. 586-0155
The above action arises out of the arrest of plaintiff Scott Roy
by St. Paul Police Officer David Longbehn on February 13 , 1986 .
Roy was observed by several police officers outside a bar on
Payne Avenue after closing hours . The officers believed Roy
was under the influence of alcohol and instructed him not to drive.
Roy disregarded this advice and was seen driving by the officers
who pursued him to his home in West St. Paul folloiwng a high
speed chase. Roy claims that following his apprehension, he was
draped over the hood of his car and held down by numerous officers
while he was repeatedly stunned with a St. Paul Police Department
issued XR-5000 stun gun by Officer Longbehn even though he offered
no resistance. Roy claims approximately 60 marks on his back,
stomach and legs as evidence of the repeated use of the stun gun.
Roy claims that he suffered great physical, emotional and psycho-
logical injury.
Officer Longbehn testifed that he used the device no more than
4 times to overcome Roy' s resistance to being handcuffed, taken
into custody and placed in the squad car. Roy stands approximately
6 feet tall and weights 280 lbs . The former executive director
of Nova Technologies, manufacturer of the stun gun, testified in
deposition that the number of marks on Roy are consistent with
and can be reconciled with Officer Longbehn ' s testimony that he
used the device only 4 times because of its potential for "tracking"
or "skipping" and the ability to leave marks when in contact with
the skin for a fraction of a second. In addition, the examination
by Dr. Louis L. Flynn, Jr. , a psychiatrist in St. Paul, rebutted
the diagnosis of a licensed psychologist retained by Roy who opined
he suffered post-traumatic stress disorder as a result of his arrest.
����I-i���
Roy commenced his action in United States District Court against
the City of Saint Paul and various police officers alleqing a
violation of his constitutional rights and state tort claims of
assault and battery. The City' s motion for dismissal was granted,
leaving only Officer Longbehn as a defendant. The trial commenced
on Wednesday, August 26, 1987, before Judge Diana E. Murphy.
The defense of this action was compromised by Officer Longbehn' s
guilty plea to a federal criminal indictment alleging he lied
to an FBI agent. Evidence of a conviction may be admitted into
evidence for the purpose of attacking the credibility of the witness .
Moreover, St. Paul Police Chief William McCutcheon discharged
Officer Longbehn from the department immediately prior to trial.
If Roy prevailed on his constitutional claims, he would recover
not only compensatory damages and possibly punitive damaqes, but
also attorney' s fees which were estimated to be $20, 000 by the
time trial concluded.
To avoid a potentially disastrous result, our office negotiated
a settlement of all claims in the amount of $27, 000, including
attorney' s fees and costs, and respectfully recommends approval.
FEV:paw
cc. Edward P. Starr
Mayor' s Office
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------------------------------- AGENDA I TEMS --------------------------------- (/''�7— �3��
_�__�����_r_��������������_�_�� ���������_�����������������������
ID�: [250 ] DATE REC. : [09/11/87] AGENDA DATE: [00/00/00] ITEM �: [ ]
SUB.�CT: [TORT LIABILITY PAYMENT TO SCOTT A. ROY AND BARRY G. REED—$27,000 ]
STAFF ASS I6NED: [ ���S q„j� ] S I G:[ ]OUT—[ ] TO CLERK:E89r�8A�AA� �q�� l��
ORIGINATOR:[CITY ATTORNEY ] CONTACT:[FRANK VILLAUME ��2� ]
ACTION:[ ]
C ]
ORD/RES �:[ ] FILED:[00/00/00 ] LOC. :[ ]
�r +� +� � � ,� +� +� +� � �e • a � '
FILE INFO: [RESOLUTION/VILLAUME LETTER ]
[ ]
[ ]
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