275262 WHITE - CITV GLERK COUflCIl ��+���
PINK � - FINANCE G I TY OF SA I NT PA U L
CANARV - DEPARTM T
BI.UE - MAVOR File NO.
ncil Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that upon execution and delivery of a �lease
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 James Cook, Jr, the sum of
$10,500.00 in full settlement of his claim for dama.ges and injuries
sustained August 29, 1977, as more particularly set out in a
communication to the City Council February 23, 1978.
COUNC[LME[V Requested by Department of:
Yeas Nays
B ler Nunt
H za t�_ In Favor
Hu t Maddox
Ma ox
McMahon d -- A gainst BY
Sh w lter Showatter
�'e es Tedesco Form Approved by Cit Att ey
Adopted b o ncil WUson Date ��� � � 1�_
Certi d Yas-e y C ncil Se�cretar
App d y Mavor: Date —
1 �g�0 Approved by Mayor for Submission to Council
gy _ - BY
P,�1Rt.t�t�ED J U N 19 1980 _
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��."��TY �F'���,. � � _�-���'Y OF SAINT PAUL
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;; � �% OFFICE OF THE CITY ATTORNEY
� � ���1111���� '� EDWARD P. STARR, CITY ATTORNEY
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,,,. , 647 City Hall,Saint Paul, Minnesota 55102
� �� 612-29&5121
GEORGE LATIMER
MAYOR
M E M 0 R A N D U M
T0: Members of the City Council
FROM: Frank E. Villaume, III���
Assistant City Attorne
DATE: July 2, 1980
RE: Claim of James Cook, Jr.
This ma.tter involves a claim by James Cook, Jr, against the
City of Saint Paul and Police Officer David Timm claiming
Officer Timm improperly arrested the plaintiff and used excessive
force in apprehending him. Cook was crossing at the Randall
Street Gate to the Minnesota Fairgrounds on August 29, 1977 ,
when he was confronted by Officer Timm. Cook claims that he
was crossing with the light when he was accosted by Timm who
pushed him and then sprayed Federal Streamer in his face and
arrested him for disobeying a policy officer. Cook alleges
that Timm ma.de a racial remark to him. Cook further claims
that he was not allowed any opportunity to wash his face for a
considerable period of time.
Officer Timm claims that traffic was exiting from the Fairgrounds
and Cook was corssing against this traffic. Officer Timm whistled
and signalled to Cook to return to the curb and when he refused
to do so Timm confronted him to prevent him from being hit by
one of the exiting vehicles. When Cook pushed back, a struggle
ensued and Officer Timm used the Federal Streamer when he believed
the plaintiff was attempting to remove the officer' s revolver.
Timm denies any racial statements.
Cook sustained contact dermatitis to the right side of his face
with some lost pigmentation. Cook is a black man and this loss
of pigmentation was quite noticeable. The skin eruption is
now fading and it is expected that his normal pigmentation will
return in several years.
The criminal trial of Mr. Cook ended in a mistrial after 5 days
of testimony. The question of Cook' s criminal culpability was
not retried.
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The facts were greatly disputed with some witnesses supporting
Cook's claim and others supporting the version offered by Officer
Timm. The injuries sustained by Cook were very serious and
this office has reached a settlement which reflects not only
the contested facts but also the length of disability. The
proposerlsettlement figure is $10,500.00 and this office recommends
acceptance of the settlement.
FEV:paw
attach.
cc. Peter Hames