279107 WHITE - CI7V CLERK COUIICII � O �1,��
PINK - FINANCE G I TY OF SA I NT 1 A lJ L
CANARV - DEPARTMENT
BLUE - MAVOR File NO.
o c 'l es lution
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 Judgment and
Compromise Fund 09065-511-000, to; Kevin Von Feldt the sum of
$2 ,000 in full settlement of his claim for damages arising out
of City Council action on December 17 , 1980 , as more particularly
set out in the attached communication to the City Council on
August 10 , 19 82 .
COUNCILMEN Requested by Department of:
Yeas Nays
Fletcher
�evine [n Favor
Masanz
Nicosia
Scheibel _ __ Against BY �
Tedesco ,
illFik�w.
Adopted by Council: Date
AUG 19 1982 Form Approved by City Attorney
Certified ass by Coun ' , cr r BY �� IQ"'
sy
t�pprove vor• Date AUG 9 �9p� Approved by Mayor for Submission to Council
By ��������'L_-�1.� _ sy
�UBLISNED AU G 2 � 1982
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o�04�tTto.;� CITY OF SAINT PAUL
OFFICE OF THE CITY ATTORNEY
m iiii�iii►i +
� „C EDWARD P. STARR, CITY ATTORNEY
�.e• 647 City Hall, Saint Paul, Minnesota 55102
612-298-5121
GEORGE LATIMER
MAYOR
10 August 1982
M E M 0 R A N D U M
TO: Members of the Council,
City of Saint Paul
FROM: Jane A. McPeak ��
Assistant City Attorney
RE: Claim against the City of Saint Paul by
Kevin Von Feldt and Randall D. B. Tigue
Claimant, Kevin Von Feldt, requests reimbursement for damages
resulting from the failure of the City Council to grant him a
motion picture license within a reasonable period of time after
December 17 , 1980 , and for the unconstitutional infringement of
his First Amendment rights by such a layover. Kevin Von Feldt
sued the City and its council members and license inspector in
Federal District Court for $50 ,000 initially and $100 ,000 through
his amended complaint. As a result of such complaint and a
summary judgment motion by claimant, the Honorable Diana Murphy,
Judge of Federal District Court, ruled on January 18 , 1982 , that
Section 510 .06 subd. 2 (9) %New Code Sec. 310 .06 subd. 2 (9) / was
unconstitutional as applied to Kevin Von Feldt 's case. At that
point, the City became liable for nominal as well as any provable
damages to Von Feldt. After taking a deposition of Mr. Von Feldt
and reviewing his records , I determined that the City 's maximum
exposure would probably not exceed $3 ,000 .
Additionally, on February 16 , 1982 , Randall D. B. Tigue, Von Feldt' s
attorney, filed a claim for attorney 's fees under what is commonly
referred to as the Civil Rights Attorneys Fees Award Act, 42 U.S .C.
§1988 . Judge A4urphy ordered that attorney 's fees would not be
awarded until the conclusion of litigation. She did, however,
indicate that Mr. Tigue would, upon his application be eligible
for such an award because various statutory and case law require-
ments had been met. At the time of the hearing on March 17 , 1982 ,
Mr. Tigue, through affidavits , documents fees of $4 ,056 .
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Memorandum
Members of the Council,
City of Saint Paul
10 August 1982
Paqe Two
Since March 17 , 1982, there have been two lengthy depositions, a
number of letters and telephone conversations and settlement
negotiations. Had this case proceeded through full litigation,
the City would have been liable for attorney 's fees in a minimum
amount of $8,000 . Mr. Tigue has documen�ed his time expenditures
to my satisfaction and has billed his time at a rate of $90 an
hour which, in two prior cases , Judge Murphy used as a base rate
for award of attorney's fees to him under this same act.