268360 WHITE - C�TV CLERK ������
PINK - FINANCE f �� i
C/WARV -,(�EPARTMENT GITY OF SAINT PAUL COUIICII .
BLUE - MAYOR File NO.
c�Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
WHEREAS, �udgment has been entered in United States District
Court, District of Minnesota, Third Division, in favor of Douglas T.
Hanes and against Paul E. Schwantes, a police officer employed by
the City of St. Paul, said �udgment arising out of an incident on
February 8, 1973, outside of Charlies Restaurant at 895 Payne Avenue,
wherein Officer Schwantes made an unprivileged contact with Douglas
T. Hanes while Hanes was under lawful arrest, and
WHEREAS, the �ury awarded no general damages to plaintiff Hanes,
but awarded punitive damages in the amount of $500. 00, and
WHEREAS, the Council has been advised by memorandum from the
City Attorneyts office dated December 9, 1976 of the facts and cir-
cumstances surrounding the incident, and of the law regarding the
payment of such �udgment by the City,
NOW, THEREFORE, the Council makes the following findings of fact :
1� That the action against Officer Schwantes arose out of the
performance of his duties as a police officer employed by the
City of Saint Paul, such duties including investigation of crimes
and the apprehension of suspected offenders.
2) That the unprivileged contact with Hanes was of a minor nature,
and it was done at a time when Officer Schwantes was unc�, great
emotional stress because a close relative had been the ` � tim
of a violent crime which Hanes was suspected of commi�t ng.
3) That Officer Schwantes � dev�.ation from his assigned duties was
sl�.ght and did not constitute a wilful or wanton neglect of
office or malfeasance in office�
COUNCILMEN Requested by Department of:
Yeas Nays
Butler
Hozza � In Favor
Hunt
Levine _ Against BY
Roedler
Sylvester
Tedesco
Form Approved by City Attorney
Adopted by Council: Date
CertiEied Passed by Council Secretary BY �� � �
B�
Approved by Mayor. Date Approved by Mayor for Submission to Council
By BY
WHITE - CITV CLERK � ^^p
PINK - FINAN�CE GITY � OF SAINT PAITL �'`���->��
CAKARV - DEPARTMENT COUIICII ,����
BLUE - M�AVOR Flle NO.
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
4) That it is fitting and proper for the City of Saint Paul to
pay the judgment against Officer Schwantes because (a) the
contract between the City of Saint Paul and the St . Paul
Police Federation provides that the City shall defend, save
harmless and indemnify its employee police officers against
claims arising out of acts occurring in the performance and
scope of the employee� s duties, and (b) the adverse effect
on the morale of other police officers that would likely occur
if the �udgment were not paid by the City,
RESOLVED, that the proper City Officers are hereby authorized
and directed to pay out of Tort Liability Fund No. 09070-512-000
to Douglas T. Hanes and Gilbert Schlagel, attorney, the �udgment
sum of $500. 00 plus costs and disbursements of $102. 55 in full
satisfaction of the �udgment entered in the above named court in
favor of plaintiff Douglas T. Hanes and against defendant Paul E.
Schwantes.
COUNCILMEN Requested by Department of:
Yeas Nays /.
Butler
Hozza � In Favor
Hunt
��- �__ Against BY
Rcedler
Sylves
�A�j 4 �n Form Approved by City Attorney
Ado d by Council: te
ertified Passed ouncil y � BY �� L' �
sy
Approve ayor. Date
� Approved by Mayor for Submission to Council
By BY
��� �� s �