00-642. . �
ORIGINAL
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Council File # �O � �i � �'
Green Sheet # 101060
�
Refened To Committee: Date
1 RESOLVED, that upon execution and delivery of a release in full to the City of Saint Paul, the proper
2 City officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-OS ll to Otis and
3 James Bailey, and their attomey, Richard Hechter, the sum of $16,000.00 in full settlement of their claims,
4 including costs, disbursements and attorney's fees arising out of an incident on June 21, 1997 in the City of
5
6
7
8
9
10
11
12
13
14
15
Saint Paul.
'�/
Dated: �1 Gl�%'�' 2-6 ,� DO O
APPROVED:
oEautrtae�rro�i
, City At
CONiACiPERSON
Gail La
's Office
266-8748
con�q
wh wmn�o
6-26-00
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
00-`y�
No 1 �10�0
u �*..,�.�. u aTM� —
❑ rn..,.ox�r ❑3 en.ctanc
❑ wuxu��amrcr,sort ❑ wwcw�aae�ruxra
� wvail�uasoxll '��� ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Approval of resolution settling claims against the City of Saint Paul
by Otis and James Bailey for $16,000.00.
PLANNING COMMISSION
qB CAMMIT7EE
CIVIL SERVICE COMMISSION
SEE ATTACHMENT
rnarisncnort s 16 , 0 0 0. 0 0
souRCe Tort LiabilitV
�NFOm.unora �exawr�
RSONILLSERVSCE CON7RAGf5 MUSTANSWERTNE FOLLOWIN6 QUESTIONS:
H88 thib persoMlm 84e! Nqked undef 8 ConffBCt faf ihl6 d2p21knenl?
VES NO
Has this pereoMfirm e�r been e dtY emPbYee7
YES NO
Does thi6 PBBONfirm poesess a sldll not nM�e�lYPomessetl by anY cunent atY emPbYee?
YFS - NO
la tltis pe�sorilfirm a tarpeted ve�Ma? ,
YES NO
..:
, ., .
S
. . d� '�r �i �'.���.
COST/REVENUEBUDfiETED(GRCLEONq O NO
�crnm Nw��e 0 9 0 7 0
Do-`ti}
James and Oris Bailey allege that on June 21, 1997 they were peaceably visiting with people at the
bus stop located on Maryland Avenue and Forest Street in the City of St. Paul. James and Otis
Bailey are African-American. At approximately the same time, Officer Anthony Pangai was
dispatched to the bus stop and was respon8ing to a complaint of a Mexican-American female
displaying a handgun. When Pangal arrived, he observed the Baileys on bicycles. Pangal ordered
them to get offthe bicycles, at which time they dropped the bicycles and ran from the scene. Pangal
chased James Bailey down the nearby alley. Otis and James continued to hide from the police as K-9
Officer Joseph Strong arrived. The police K-9 apprehended both James and Otis a short time later.
James and Otis Bailey both sustained injury to their lower legs as a result of the apprehensions. Both
parties were treated at Regions Hospital for the bites. James and Otis Bailey were cited for
obstructing legai process, however these charges were dismissed. Following the apprehension, the
officers seazched the area but were unable to locate a gun.
James and Oris Baileyinitiated lawsuits in State Court alleging OfficerPangaPs and Officer Strong's
conduct violated their civil rights and they were assaulted, battered and falsely arrested. They aiso
alleged that the City was strictly liable for the dog bites and the City breached its duty to properly
train and supervise the officers. The strict liability claim and the failure to train and supervise were
dismissed by the Court on a morion for summary judgment. This case is ordered to be ready for trial
on July 31, 2000. Our office has entered into a settlement agreement with Otis and James Bailey for
the sum of $16,000.00 in exchange for the release of all their claims against all defendants. Our
office recommends approval.
ATTACHMENT TO GREEN SHEET NO. 101060
. . �
ORIGINAL
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Council File # �O � �i � �'
Green Sheet # 101060
�
Refened To Committee: Date
1 RESOLVED, that upon execution and delivery of a release in full to the City of Saint Paul, the proper
2 City officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-OS ll to Otis and
3 James Bailey, and their attomey, Richard Hechter, the sum of $16,000.00 in full settlement of their claims,
4 including costs, disbursements and attorney's fees arising out of an incident on June 21, 1997 in the City of
5
6
7
8
9
10
11
12
13
14
15
Saint Paul.
'�/
Dated: �1 Gl�%'�' 2-6 ,� DO O
APPROVED:
oEautrtae�rro�i
, City At
CONiACiPERSON
Gail La
's Office
266-8748
con�q
wh wmn�o
6-26-00
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
00-`y�
No 1 �10�0
u �*..,�.�. u aTM� —
❑ rn..,.ox�r ❑3 en.ctanc
❑ wuxu��amrcr,sort ❑ wwcw�aae�ruxra
� wvail�uasoxll '��� ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Approval of resolution settling claims against the City of Saint Paul
by Otis and James Bailey for $16,000.00.
PLANNING COMMISSION
qB CAMMIT7EE
CIVIL SERVICE COMMISSION
SEE ATTACHMENT
rnarisncnort s 16 , 0 0 0. 0 0
souRCe Tort LiabilitV
�NFOm.unora �exawr�
RSONILLSERVSCE CON7RAGf5 MUSTANSWERTNE FOLLOWIN6 QUESTIONS:
H88 thib persoMlm 84e! Nqked undef 8 ConffBCt faf ihl6 d2p21knenl?
VES NO
Has this pereoMfirm e�r been e dtY emPbYee7
YES NO
Does thi6 PBBONfirm poesess a sldll not nM�e�lYPomessetl by anY cunent atY emPbYee?
YFS - NO
la tltis pe�sorilfirm a tarpeted ve�Ma? ,
YES NO
..:
, ., .
S
. . d� '�r �i �'.���.
COST/REVENUEBUDfiETED(GRCLEONq O NO
�crnm Nw��e 0 9 0 7 0
Do-`ti}
James and Oris Bailey allege that on June 21, 1997 they were peaceably visiting with people at the
bus stop located on Maryland Avenue and Forest Street in the City of St. Paul. James and Otis
Bailey are African-American. At approximately the same time, Officer Anthony Pangai was
dispatched to the bus stop and was respon8ing to a complaint of a Mexican-American female
displaying a handgun. When Pangal arrived, he observed the Baileys on bicycles. Pangal ordered
them to get offthe bicycles, at which time they dropped the bicycles and ran from the scene. Pangal
chased James Bailey down the nearby alley. Otis and James continued to hide from the police as K-9
Officer Joseph Strong arrived. The police K-9 apprehended both James and Otis a short time later.
James and Otis Bailey both sustained injury to their lower legs as a result of the apprehensions. Both
parties were treated at Regions Hospital for the bites. James and Otis Bailey were cited for
obstructing legai process, however these charges were dismissed. Following the apprehension, the
officers seazched the area but were unable to locate a gun.
James and Oris Baileyinitiated lawsuits in State Court alleging OfficerPangaPs and Officer Strong's
conduct violated their civil rights and they were assaulted, battered and falsely arrested. They aiso
alleged that the City was strictly liable for the dog bites and the City breached its duty to properly
train and supervise the officers. The strict liability claim and the failure to train and supervise were
dismissed by the Court on a morion for summary judgment. This case is ordered to be ready for trial
on July 31, 2000. Our office has entered into a settlement agreement with Otis and James Bailey for
the sum of $16,000.00 in exchange for the release of all their claims against all defendants. Our
office recommends approval.
ATTACHMENT TO GREEN SHEET NO. 101060
. . �
ORIGINAL
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Council File # �O � �i � �'
Green Sheet # 101060
�
Refened To Committee: Date
1 RESOLVED, that upon execution and delivery of a release in full to the City of Saint Paul, the proper
2 City officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-OS ll to Otis and
3 James Bailey, and their attomey, Richard Hechter, the sum of $16,000.00 in full settlement of their claims,
4 including costs, disbursements and attorney's fees arising out of an incident on June 21, 1997 in the City of
5
6
7
8
9
10
11
12
13
14
15
Saint Paul.
'�/
Dated: �1 Gl�%'�' 2-6 ,� DO O
APPROVED:
oEautrtae�rro�i
, City At
CONiACiPERSON
Gail La
's Office
266-8748
con�q
wh wmn�o
6-26-00
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
00-`y�
No 1 �10�0
u �*..,�.�. u aTM� —
❑ rn..,.ox�r ❑3 en.ctanc
❑ wuxu��amrcr,sort ❑ wwcw�aae�ruxra
� wvail�uasoxll '��� ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Approval of resolution settling claims against the City of Saint Paul
by Otis and James Bailey for $16,000.00.
PLANNING COMMISSION
qB CAMMIT7EE
CIVIL SERVICE COMMISSION
SEE ATTACHMENT
rnarisncnort s 16 , 0 0 0. 0 0
souRCe Tort LiabilitV
�NFOm.unora �exawr�
RSONILLSERVSCE CON7RAGf5 MUSTANSWERTNE FOLLOWIN6 QUESTIONS:
H88 thib persoMlm 84e! Nqked undef 8 ConffBCt faf ihl6 d2p21knenl?
VES NO
Has this pereoMfirm e�r been e dtY emPbYee7
YES NO
Does thi6 PBBONfirm poesess a sldll not nM�e�lYPomessetl by anY cunent atY emPbYee?
YFS - NO
la tltis pe�sorilfirm a tarpeted ve�Ma? ,
YES NO
..:
, ., .
S
. . d� '�r �i �'.���.
COST/REVENUEBUDfiETED(GRCLEONq O NO
�crnm Nw��e 0 9 0 7 0
Do-`ti}
James and Oris Bailey allege that on June 21, 1997 they were peaceably visiting with people at the
bus stop located on Maryland Avenue and Forest Street in the City of St. Paul. James and Otis
Bailey are African-American. At approximately the same time, Officer Anthony Pangai was
dispatched to the bus stop and was respon8ing to a complaint of a Mexican-American female
displaying a handgun. When Pangal arrived, he observed the Baileys on bicycles. Pangal ordered
them to get offthe bicycles, at which time they dropped the bicycles and ran from the scene. Pangal
chased James Bailey down the nearby alley. Otis and James continued to hide from the police as K-9
Officer Joseph Strong arrived. The police K-9 apprehended both James and Otis a short time later.
James and Otis Bailey both sustained injury to their lower legs as a result of the apprehensions. Both
parties were treated at Regions Hospital for the bites. James and Otis Bailey were cited for
obstructing legai process, however these charges were dismissed. Following the apprehension, the
officers seazched the area but were unable to locate a gun.
James and Oris Baileyinitiated lawsuits in State Court alleging OfficerPangaPs and Officer Strong's
conduct violated their civil rights and they were assaulted, battered and falsely arrested. They aiso
alleged that the City was strictly liable for the dog bites and the City breached its duty to properly
train and supervise the officers. The strict liability claim and the failure to train and supervise were
dismissed by the Court on a morion for summary judgment. This case is ordered to be ready for trial
on July 31, 2000. Our office has entered into a settlement agreement with Otis and James Bailey for
the sum of $16,000.00 in exchange for the release of all their claims against all defendants. Our
office recommends approval.
ATTACHMENT TO GREEN SHEET NO. 101060