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273912 WHITE - CITV CLERK .�� PINK - FINANCE GITY OF SAINT PAUL Council CANARV - DEPARTMENT File NO. a BLUE - MAVOR ; Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that upon execution and delivery of a release in ful]. to the City of Saint Paul., the proper city officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070- 511-424, to: Otis Cager and Gilbert J. Schlagel, his attorney, the sum of $1,200.00 in full settlement of his claim for damages sustained October 30, 1976 as more particularly set out in a communication to the City Council on December 7, 1976. COUNCILMEN Requested by Department of: Yeas Hozza Nays Hunt In Favor Levine Maddox __�__ Against BY -- McMahon Showalter Adopted �� Date —�� Form Ap roved by City A o ney ertified Yass by Council Secre ry B By tap r e by Ylavor: a ��CT 2 3 1979 Approved by Mayor for Submission to Council g _ By �SH� 0 CT 2 719? F' ;''. '•' / � �� \\\\\\11R1:R�. I _;,.`�L*Y o.°,,, CITY OF SAI NT PAUL =�� ;;�,,, '4 �^`" OFFICE OF THE CITY ATTORNEY >o �; =;� iiii�i�ii°i �< < m EDWARD P. STARR, CITY ATTORNEY �, �aa• ,. � 647 City Hall,Saint Paul,Minnesota 55102 ��''r.�r io.00`• 612-298-5121 GEORGE LATIMER MAYOR M E M 0 R A N D U M T0: Members of the City Council. FROM: Frank E. Vil.laume, III ��Z Assistant City Attorney DATE: October 9, 1979 RE: Claim against the City of Saint Paul by Otis Cager Claimant Otis Cager brought suit against the City of Saint Paul and two of its police officers seeking damages for injuries he allegedly sustained at the time of his arrest on October 30, 1976. Cager was blocking St. Albans near Selby with his car when encountered by the officers. He was eventually arrested for blocking traffic and not having his driver' s license in possession. When he arrived at the jail, he had sustained mouth injuries. Cager alleges that he was assaulted in route to the police statiQn by the officers. The officers adamantly deny any assault took place. A Ramsey County Deputy Sheriff was party to a conversation in which Otis Cager denied he was assaulted by the police officers. The City determined the identity of the party they believed responsible for the. claimant' s injuries, but he denies any such responsibility. The City has resolved this disputed matter for $1,200 and recommends approval thereof. O f ' �� GILBERT r. SCHLAGEL AT70RNEY AND COUNSELOR AT LAW 1506 PIONEER BUILDING ST. PAUL. MINNESOTA 55101 2Z4•4711 October 3, 1979 Mr. Frank E. Villaume, III A ssistant City Attorney 647 City Hall St. Paul, Minnesota 55102 In re: Otis Cager vs. City of St. Paul, et al Your File No. 5-76-0706 Dear Mr. Villaume: .Attached please find original and two copies of the duly signed Release of All Claims herein. Would you please forward to us the draft after the Council approves the issuance of the draft. Very truly yours, C Gilbert J. Schlagel GJS:jb e nc. RECEIVED OC1 J ! � CITY A(I�U�K�y�Y `' ' •RELE�ASE OF ALL CLAIMS ��e�`�� KNOW ALL MEN BY THESE PRESENTS: That the Undersignedy being of lawful age, for the sole consideraticn of Orie ThOUS 1rid Two Hundred and 00�100 — ^ Dollars ($ 1�200. 00 ) to the undersigned in hand paid, receipt whereof is hereby acknowledged,�/does hereby and for my�itb�lt9;heirs, executors, administrators, successors and assigns release, acquit and forever discharge _ th .i � c�f ai nt Paul, Ross Lundstrom and James Lundholm and John Does and ip'L9G�eK their,�]i�,X agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has/]�,€�or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the accident, casualty or event which occurred on or about the 30th day October 76 of , 19 , at or near Selbv Avenue It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said releasees deny liability therefor and intend merely to avoid litigation and buy their peace. The undersigned hereby declare(s) and represent(s) thatthe injuries sustained are or may be permanent and progressive and that recovery therefrom is uncertain and indefinite and in making this Release.it is under- stood and agreed, that the undersigned rely(ies) wholly upon the undersigned's judgment, belief and knowledge of the nature, extent, affect, and duration of said injuries and liability therefor and is made without reliance upon any statement or representation of the party or Farties hereby released or their representatives or by any physician or surgeon by them employed. The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. Signed, sealed and delivered this- j1� day of September � 19 79, CAUTION: READ BEFORE SIGNING BELOW � itness OTIS C ER Witness Wi tn ess STATE OF Minnesota � SS. COUNTY OF Ramsey On the 30th day of September , 19 79 , before me personally appeared 4tis Cager to me known to be the person(s) n med herein and who executed the ing Release and acknowiedged to me t�t � v��a�'� 1e` h,�t�'` T�L me. -- .y i NC�I A�Y C My term expires "e�� p�; OUN�i`� ; ` p/�y commi�sion exP�res A�'3.2 l�otary Publi . , , RELEASE OF ALL CLAIMS • . , . KNOW ALL MEN BY THESE PRESENTS: - That the Undersigned, being of lawful age, for the sole consideraticn of Orie Thousand T�o Hundred and oo fi nn —�-- Dollars ($ 1.200. 00 ) to the undersigned in hand paid� receipt whereof is hereby acknowledged,x�o/does hereby and for my,�X4Clt9;heirs, executors, administrators, successors and assigns release, acquit and forever discharge - thP i t-� of Sai n pa»1� Ros� Lundstrom and James Lundholm and John Does and tg'ty��K their��C�x agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has/1l�aT�t�c or which may hereafter accrue on•account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the accident, casualty or event which occuned on or about the 3 Oth day of October � 19 76 � at or near Selbv Avenue It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said releasees deny liability therefor and intend merely to avoid litigati.on and buy their peace. • The undersigned hereby declare(s) and represent(s) that the injuries sustained are or may be permaneat and progressive and that recovery therefrom is uncertain and indefinite and in making this Release,it is under- stood and agreed, that the undersigned rely(ies) wholly upon the undersigned's judgment, belief and knowledge of the nature, extent, affect, and duration of said injuries and liability therefor and is made without reliance upon any statement or representation of the party or Farties hereby released or their representatives or by any ' physician or surgeon by them employed. The undetsigned further declare(s) and represent(s) that no pmmise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. Signed, sealed aad delivered this � � day of September ig 79� , � CAUTION: READ BEFORE SIGNING BELOW !s/ Gilbert d. 3ehla�! Q � + Witness OTIS A Wi tness itness STATE OF �� SS. COUNTY OF �y�,�#�T_ � �e $Qt� day of !�„��f,�m t�r , 19�$, before me personally appeared [�iA Ca�Er to me known to be the person(s) am a�',wdao ext�mfc�tl�� fo�egoing Release and .r�-w�, � � : �� acknowled ed to me that """"�' J � g ' _°_ `�rolunfarily,exelgu th. same. My term expires My`°nm;_��"� � . , ti ota�y .�. � ., RELEASE OF ALL CLAIMS ' ` ' . �� KNOW ALL MEN BY THESE PRESENTS: That the Undersigned, being of lawful age, for the sole consideraticn of Orie Thousand T�ao HLndred and 00�1 00 - - Doilars ($ 1,200.00 ) to the undersigned in hand paid, receipt whereof is hereby acknowledged,x�/does hereby and for my,�o80C![9;heirs, executors, administrators, successors and assigns release, acquit and forever discharge the i � c�f Gai n a �1 � RO�G Lundstrom and James Lundholm �d John Does and ]p't�G� theic,�c7�R agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has/Il�t�or which may hereafter accrue on.account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuries and property damage and the consequences thereof resulting or to result from the accident, casualty or event which occuned on or about the 30th day of October , �9 76 , $; or nea: Selbv AvenLe It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said releasees deny liability therefor and intend merely to avoid litigation.and buy their peace. The undersigned hereby declare(s) and represent(s) that the injuries sustained are or may be permanent and progressive and that recovery therefrom is uncertain and indefinite and in making this Release,it is under- stood and agreed, that the undersigned rely(ies) wholly upon the undersigned's judgment, belief and knowledge ,of the nature, extent, affect, and duration of said injuries and liability therefor and is made without reliance upon any statement or representation of the party or Farties hereby released or their representatives or by any physician or surgeon by them employed. The undersigned further declare(s) and represent(s) that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreemeat between the parties hereto, and that the terms of this Release are contractual and not a mere recital. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. Signed, sealed and delivered this-- `S �J day of September � ig 79� " CAUTION: READ BEFORE SIGNING BELOW !sl a�t�� a. s��.� af,z� C�1� Witness OTIS CA Witness i tness STATE OF �in�� SS. COUNTY OF Rtm�s�t ' On the �Ckb day of _ $Ap�lli��Ox , 19 7�, before me personally appeared �� ;�� ,�.��,. � " . �,o + to me known to be the person(s) named her �r'►;��irh'�'exe�ut�d the for�going Release and acknowledged to me th � �` luntaFily_exe ed�h ' '�. '_" LL^- � M,y - - ---° � My term expires �,,._._._.,._r 19- w�� Notaty u c