85-1354 WMITE - CITV GLERK
PINK - FINANGE GITY OF SAINT PALTL Council �s� 13.�.,�
CANARV - DEPARTMENT
BLUE - MAVOR File NO.
Co il u 'on
Presented By
Referred To ommittee: Date
Out of Committee By Date
RESOLVED, that upon execution and delivery of Releases in
full to the City of Saint Paul and Fred Fischer, the proper City
officers are hereby authorized and directed to pay out of the
Tort Liability Fund, 09070-511-000, $1, 000 . 00 to William Kane
and $500 . 00 ta Douglas Spawn, in full se�ttlement of their claim
for damages sustained on or about November 2 , 1980, as more fully
set out in the Summons and Complaint filed with the City Clerk
on February 12 , 1981.
COU[VCILME(V Requested by Department of:
Yeas Drew Nays /
Masanz 0 [n Favor
Nicosia
Scheibel
Sonnen � _ Against BY
Teele�ss
W i Ison
�C+T 3 �� Form Approved by City Attorney
Adopted by Council: Date
Certified P s e Council S tar � �`� `�
By
A►pproved by 1Aavor: Date � b���j � 1 5 Approved by Mayor for Submission to Council
gy _s�`�o Q�?�_— � ..� ' By
PUBLiS�:�.� L d� � % ����
' ` �',�' -���" 3�
� ����=•o,. CITY OF SAINT PAUL
- o� '�� OFFICE OF THE CITY ATTORNEY
+ _"����" �� EDWARD P. STARR, CITY ATTORNEY
�,�. ��
`�n,�..� 647 City Hall, Saint Paul,Minnesota 55102
612-298-5121
GEORGE LATIMER
MAYOR
M E M O R A N D U M
TO: Members of the City Council
FROM: Walter A. Bowse�
Assistant City Attorney�
DATE: September 24 , 1985
RE: William Kane and Douglas Spawn v.
City of St. Paul, et al.
This is a lawsuit commenced by William Kane and Douglas Spawn
resulting from an arrest made by Officer Fred Fischer on or about
November 2, 1980 . A summary of the facts are as follows : Officer
Fred Fischer, and other police officers responded to a request for
assistance as a result of a fight that was occurring in the Glass
Bar. After Officer Fischer arrived, two men (Kane and Spawn) were
identified by bar patrons as having been involved in the fight.
Officer Fischer chased, apprehended, handcuffed and brought these
men back to his squad car. They were arrested (citizen' s arrest) ,
and charqed with assault and disorderly conduct. The charges
against them were dismissed because of conflicting stories sur-
rounding the bar fight.
Both of these men have alleged Officer Fischer used unnecessary
force in arresting them. They alleged they were required to receive
medical attention because of injuries they sustained while being
arrested by Officer Fischer. Officer Fischer denies the use of
unreasonable force. He states they were not injured, but if they
did sustain any injuries, such injuries resulted from their bar
fight or because of other acts by them.
To eliminate the uncertainty of an adverse jury verdict, this
office approve the payment of $1, 000 to William Kane and $500 to
Douglas Spawn to fully and completely settle all claims and matters
resulting from this incident.
WAB:paw
enc.
cc. Mayor' s Office