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
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� 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)