274459 WHITE - G�TV CLER1( COUIICII �w ����
PINK � - FINANCE G I TY O F SA I NT PA LT L �
CANARV - DEPARTMENT
BLUE - MAVOR File NO.
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 09070-511-000, to Clarence Kottke the svm of
$3,000 in full settlement of his claim fer d�a.g�s and injuries �`�
sustained January 31, •1976, as more particularly set out in a
communication to the City Council on March 30, 1976.
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'
COUNCILMEN Requested by Department oE:
Yeas Nays
��'�C✓'�l°n � In Favor
�a
—�ismt
Levine _ - � __ Against By --
Maddox
Showalter
Tedesco �EB � g
Adopted by Council: Date ���� Form Appr ved by C' y rney
. ��.
Certified P s�ed y Counci ecre� By
B}�
Flp o d y Ylavor. a FEB 2 '- 1980 Approved by Mayor for Submission to Comncii ,
B _ BY
n�.i�� MAR 1 198n
�••"LITY�,tO�. •
_�� -Y��:. CITY OF SAINT PAUL
=Rs ;:',,,,
=o � y-; OFFICE OF THE CITY ATTORNEY
;� iiii�i'!ii�ii �.'
� a EDWARD P. STARR, CITY ATTORNEY
�es• 647 City Hall,Saint Paul,Minnesota 55102
�.,�,;,,,
612-298-5121
GEORGE LATIMER
,�^.,,�,�,
MAYOR j � , �� r 'i
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M E M 0 R A N D U M
T0: Members of the City Council
FROM: Philip B. Byrne-{
Assistant City Attorney
DATE: February 8 , 1980
RE: Claim against the City of Saint Paul
by Clarence Kottke
The office of the City Attorney recommends approval of a settlement
entered into in the above case, which would provide for the
payment of $3,000 to Clarence Kottke in final settlement of
all claims and demands for damages arising out of an incident
in January of 1976. Mr. Kottke was arrested by police officers
in a domestic dispute, and his right elbow was broken and dis-
located as a result.
The medical judgment of Mr. Kottke' s physician is that he has
sustained a 15% permanent partial disability to his right arm
and elbow, and this will be a problem for him in the future.
There are several witnesses in the case, and the facts regarding
the cause of the injury and the degree of force used are somewha.t
in dispute. This recommendation is not premised upon a findi_ng
or belief by the office of the City Attorney that the officers used
unreasonably excessive force , but upon a judgment that this
settlement reduces the danger of a potentially larger award
in the event the case was tried.
PBB:paw
attach.
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