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278679 WHITE - CITY CLERK ��(1�� PINK - FINANCE i R CANARY - DEPARTMENT C I TY O F SA I NT I,A u L COUIICII t� BLUE - MAYOR File N . Council 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 09070-511-424, to Beulah J. Webster and Jeffrey A. Hassan, her attorney, the sum of Two Thousand and No/100 Dollars ($2,000) in full settlement of her claim for dama.ges sustained on February 6, 1980 as more particularly set out in a communication to the City Council at its meeting on April 29, 1980; and, be it FURTHER RESOLVED, that the check be mailed to Mr. Hassan at Suite 804 Minnesota Building, St. Paul, NIN 55101. COU[VCILMEIV Requested by Department of: Yeas Nays Hunt Levine In Favor Maddox � M��M,�� _ __ Against BY —�edesee Wiison MAY 13 1982 Form Ap oved by C'ty A o e Adopted by Council: Date — Certified P s_ d y Council Se tar B� ^ Approve y : vor Date _ �� � `19$Z Ap o by Mayor for S m' sion to Council sy B _ i'UBLISNED M AY 2 2 19� • • �i��� /a�.� ��1==0, CITY OF SAINT PAUL �� � ; � OFFICE OF THE CITY ATTORNEY ; iiii�i i�n a p „ EDWARD P. STARR, CITY ATTORNEY ,... 647 City Hall, Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR May 4, 1982 R���I�V�Li� MAY 5 - 1.qg2 MAYORS OFFICE M E M 0 R A N D U M T0: Members of the City Council FROM: Frank E. Villaume III,� Deputy City Attorney � RE: Webster v. DeWitt, et al. This is a claim of alleged police misconduct and violation of civil rights which arose on March 6, 1980. The plaintiff is a black woman who was enroute to the Oneida Community Center when she was stopped by a St. Paul police officer who believed her headlight to be defective. The officer learned that there was a warrant for the plaintiff' s arrest and an arrest was ma.de for a registration violation in Falcon Heights. The plaintiff resisted the efforts of the officer to effect the arrest and some force was required to remove her from the community center and take her downtown. The plaintiff contends that there was nothing wrong with her headlight and the stop was a pretext. She further claims that the officers used excessive and unreasonable force. The officers ma.intain that the headlight was malfunctioning when the plaintiff was first stopped and some reasonable force was necessary be- cause of the plaintiff' s vigorous resistance. Although the plaintiff claimed that she had some bruises on her arms and wrists., she received no medical attention and incurred no medieal expenses and missed no time from work. This office vigorously defended the police officers and maintained that it was a case of no liability. However, the ma.tter was brought in Federal Court and assigned to Judge Miles Lord. At a ,��� � � � 2'1�6'�9 Members of the Council Page Two May 4, 1982 pre-trial held on April 22, Judge Lord, in effect, ordered the City to pay $2,000 to settle the matter. The practicalities of the situation dictated that we ma.ke that offer and Judge Lord was equally forceful in requiring the plaintiff to accept it. The Office of the City Attorney recommends approval of this settlement. FEV:jr Attachment