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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