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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: � � �� 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 p�e�;����� _'� - 1Q�7 �������G 7 Y�:4�'v�"� CITY OF SAINT PAUL �tTT o1 `�~o �i� ,; �; OFFICE OF 7HE CITY ATTORNEY '� u�unuw �= '�' ''-'� 1°° s:° EDWARD P. STARR, CITY ATTORNEY ,. � '"�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 /.l,� ------------------------------- 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 ] [ ] [ ] ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ .Y