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03-1042Council File # � 3 _ � � �'�' Green Sheet # 3007856 Presented By Referred To RESOLUTION CITY OF SAINT PAUL, NIINNESOTA 13 Committee: Date 1 RESOLVED, that upon execution and delivery of a release in full to the City of St_ Paul, the proper City officers 2 are hereby authorized and directed to pay out of the Tort Liability Fund 09070-511-000 to Desmond Cornelious, 3 and his attorney Robert Bennett, the sum of $60,000 in full settlement of his claims for damages arising from his 4 arrest and encounter with St. Paul Police Officer Jason Brubaker on July 23, 2000. This settlement amount shall 5 be paid by two checks, each in the amount of $30,000. One check shall be made payable to Desmond Cornelious; 6 and the other shall be made payable to his attorney Robert Bennett. Requested by Department of: By: Form p roved by C� y A By: � � ! By: Appz By: Adoption Certified by Council Secretary . p3 - �o�f a � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � uepartmenvornceicouncn: ' CA �ityAttomey i uate maiatea: 14NOV-03 ;� Green Sheet NO: 3007856 � Assign Number For Routing Order I Co'rtact Person R Phone: � Portia Hampton-Flowers I zss-ana Must Be on Councii Agenda by (Date): 2ENOV-03 0 'Citv Attornev � I 'C� Attoroev � Ciri Attomev 2 iMavor's Oflice Mavor's Office 3 Council Council 4 ;CiN Cle k � C'ri Clerk 5 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: The CAO recommends approval ofa Resolurion authorizing settlement of Comelious v. Brubaker in the amount of $60,000. Recommendations: Approve (A) or Rejed Planning Commission CIB Committee Civil Service Commission Contracts 1. Has this person/5rm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any wrrent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Desmond Cornelious brought an action in U.S. District Court against the City of St. Paul and St. Paul Police Officer Jason Brubaker alleging violations of his consritutional rights. Plaintiff is alleging certain facts which, if believed by a jury, would result in a jury detemrinarion that Officer Brubaker violated Comelious' consritutional rights. Tlus would require the City to compensate Comelious for damages aad pay his attomey's fees. The court also coul@ award punirive damages. i AdvanUqes If Approved: !� The City would avoid the costs and risks of trial as well as the exposure to a punitive damage awazd. I ', DisadvanpgeslfApproved: i None. i Disadvantaqes If Not Approved: The jury could detemvne that a constiturional violation occurred, awazd compensatory damages, attomey's fees and punirive damages. Trensaction: 60000 Fundinp source: Tort Liability Cost/Revenue Budgeted: y Activity Number. 0907Q Financial I nfortnation: (Explain)