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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