278543 WHITE - CITY CLERK �'} .,.
PINK - FINANCE COUtIC1I J'�
CANARY - DEPARTMENT G I T Y O F S A I N T PA LT L ��„/�'�
BLUE - MAYOR File N O.
Co ncil Resolution
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 proper City officers
are hereby authorized and directed to pay out of the Tort
Liability Fund 09070-511-000 to Hugh Flowers the sum of $1,500.00
in full settlement of his claim for dama.ges sustained April 14,
1978, as more fully set out the Summons and Complaint filed
with the Clerk of District Court, Court File No. 439886.
COUfVCILMEN
Yeas Nays Requestgd by Department of:
Hunt
Levine In Favor
Maddox
McMahon B
snowatter _ Against Y
Tedesco
�Ison � � ���
Form Approved by City Attorney
Adopted by Council: Date
Certified is-e�i by Coun � Secr BY
ll
B� X ��-''^�\
Appr e by ENayor: Da _� R �_ Approved by Mayor for Submission to Council
By BY
PUB HED APR 17 19$2
. � �����
.°t'=�� CITY OF SAINT PAUL
;R+ o '� OFFICE OF THE CITY ATTORNEY
� riii t i��u �
"� �Q EDWARD P. STARR, CITY ATTORNEY
�••• 647 City Hall, Saint Paul, Minnesota 55102
GEORGE LATIMER
612-298-5121
MAYOR
M E M 0 R A N D U M
T0: Members of the City Council
FROM: Paulette K. Flynn � �;�,
Assistant City Atto�
DATE: M,arch 26, 1982
RE: Claim against the City of St. Paul
by Hugh Flowers
On Friday, April 14, 1978, St. Paul Police Officers Kevin Daniels
and Rhio Beckman were called to K-Mart at 245 East Maryland.
The were met by security personnel and the service desk clerk
who informed them that a man who ha.d forged an RCA check approximately
one month earlier was in the store. According to testimony
at trial, the person who accepted the check identified Hugh
Flowers as the suspect. (The clerk testified that she did not
point him out. ) He was arrested and taken to the Public Safety
Building at about 5:30 p.m. He remained there until approximately
10:00 a.m. the next Monday, April 17 , 1978 .
Detective Robert Morehead came on duty in the Fraud and Forgery
Unit at about 9:00 a.m. and this was the first time that anyone
from that division was notified of Mr. Flowers arrest. (No
detectives from Fraud and Forgery were on duty over the weekend. )
Detective Morehead immediately knew that Mr. Flowers was the
wrong man because he had closed the file on the K-Mart check
on A�ri1 5, 1978 . On that date a Fletcher Clardy ha.d been arrested
in Minneapolis for passing forged RCA checks and he had been
positively identified through a regiscope photograph taken at
the time that he wrote the check in St. Paul at K-Ma.rt. The
St. Paul cha.rge was goin� to be used as "Spreigl" evidence,
or additional evidence, in the Minneapolis prosecution. Detective
Morehead spoke briefly to Mr. Flowers on April 17 , and then ha.d
� him released from custody.
Mr. Flowers subsequently sued the City, Off icer Kevin Daniels
and K-Ma.rt Corporation for false imprisonment and punitive dama.ges
arising out of his arrest.
O
, ' .��"�� .
The case proceeded to trial and there was question about the
extent to which defendants would be allowed to introduce evidence
regarding plaintiff 's prior criminal record. Mr. Flowers prior
record was extensive.
Therefore, after almost two days of testimony, the case was settled
by the City and Kevin Daniels for $1,500, and $2,500 from K-Ma.rt.
PKF:paw
attach.
cc. Greg Haupt