04-943CouncilFile# b'L` _l��
CITY OF
Presented By
Refesed To
0
Committee: Date
RESOLVED, that upon execution and delivery of a release, attached hereto as Exhibit G°A", in
fixll to the City of St. Paul the proper City officers are hereby authorized and directed to pay out
of the Tort Liability Fund Activity 09070-OS ll to Kailan Smith, and his attorney Eric Hageman,
the sum of $12,000.00 in full settiement of Kailan Smith's claims for damages as alleged in the
action entitied Kailan D. Smith v. Mamie Singleton, U.S. District Court File No. 03-2967
(ADM/AJB).
APPROVED BY:
Date: p ,O
RESOLUTION
PAUL, MINNESOTA
�
�� � _ �
� ��.�
� • � li
Requested by Department of:
Adoption Certified by Council Secretary
sY: ( G / �
Approved � yor: Dat� `�
B �2'e''��L.��` f / D�
Citv Attornev
By: '� '
Jame ��.X.Jerskey
Form App ved by City Atto ey
ay: ' f " `�
Mayor
Ccseen Sheet # 104083
Council
Adopted by Council: Date ���- �, �""r
b�
FUI.L AND FINAL RELEASE OF ALL CLAIMS
IT IS HEREBY UNDERSTOOD ANA AGREED:
That Kailan Smith, the undersigned herein, being of lawful age, for the sole consideration
of Twelve Thousand Dollars and 00/100 (512,000.00) from the City of 5t. Paul on behalf of
Mamie Singleton, made payable to the undersigned and her attomey, Eric Hageman, does hereby
and for his heirs, executors, adminishators, successors and assigns release, acquit and forever
dischazee Mamie Singletor and the Ciry cf St. P2ul frnm any and a11 cl�ims, actions, causes of
action, demands, rights, damages, costs, loss of service, eacpenses 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 laiown and unlrnown, foxeseen and uuforeseen, bodily and personai
injuries and property damage and the consequences thereof resulting or to result from the
accident, casualty or event which occurred on or about the 9th day of Mazch, 2003 and as alleged
in the action entitled Kaalan D. Smith v. Mamae Singleton, U.S. Districi Court File No. 03-2967
.� . ;
I understand that the injuries sustained are or may be permanent and progressive and that
recovery maybe uncertain, and I rely on my judgment, only, in making this Release and do not
rely on any other person in any manner whatsnev�r.
IT IS ALSO UNDERSTOOD AND AGI2EED 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 ihat the defendant denies liability
therefore and intends merety to avoid litigation and buy the undersigned's peace.
EXHIBIT A
� -�t��
I understand and represent that no promise, inducement or agreement not herein
expressed has been made to me, 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 LTNDERSIGNED HAS READ 'PI� FOREGOING RELEASE AND FULLY
UNDERSTAND TT.
Dated: 9 ',2, =Z ' 0 "
D S th
2
ci
ra�mee wa
(y�-4�3
GREEN SHEET No 1 ��� � 3
� �
oBUn�ro.vc'oR 2 ertrcaur.i
❑ an�nauEr � a�ruaK
❑ rwxcv�ta�art
❑ w�wr��aonnaxra
wvaelaeuar�xn
TOTAL # OF SIGNATURE PAGES one (CLIP ALL LOCATIONS FOR SIGNATUR�
Approval of Resolution settling claim of Kailan Smith against Mamie
Singleton £or $12,000.
Kailan D. Smith v. Mamie Singleton
03-2967 ADM/AJB
PLANNING CAMMISSION
CIB CAMMfTTEE
CNIL SERVICE COMMISSION
RSONpLSERViCE CON7RACf5 MUSTANSWER7HE FOLLAWIN6 Q
Fias fhis Pe��fin e.ef NqKeO UtMef e w�ad faflhie tlepaf6nenl?
YES NO
Flas tl�i6 P���ewr been a CRy employce7
YES MO
Ooe6 Gtis P�um G� a sidll nOt normaltypweesseE Dy anY curteiR dtY emPbY�
YES NO
la tlus pereaVfum a tarpeted veiMoY7
VES NO
'OfYh�I3t`�7f1'2003;`A`a'{'faft'S3�itTfFi Wais dPdeie'd`bySt:'PaaTPoTiSLf Sergeant Mamie Singleton to move his caz, which was parked in the driveway
at Free At Last Church on on West. 7� Street. Smi[h's vehicle was obs[ructing traffic. When Smith failed to move his caz in a tunely fashion,
Sgt. Singleton placed him mmder arrest. Smith asserted that Sgt. Singleton did not have the authority to make the arrest and therefore lawfully
resisted the SergeanYs attempt to handcuff�hiin. During the shvggle, Smith was Maced and received several contusions. Mr. Smith brought
an action in United States Distric[ Court against Sg[. Singleton alleging that her actions violafed his Fourth Amendment right to be free from
unreasonable seizures. During the course of pxehial discovery, Smith produced more than one independent wimess to testify consistent with
his claim that Sgt. Singleton used excessive force.
After conferring with outside counsel, a determniarion was made that the risk of an adverse judgment, which would higger an
awazd of attorney's fees, warranted entering into a proposed settlement whereby Smith would voluntazily dismiss his claims with
prejudice in exchange for the payment of $12,000.00, inclusive of costs and attomeys fees. The City Attomey's Office
recommends this proposed settlement. ccmploY+ caSSMtn��:.r� _°'°°°° �F ���r��_t thr��.6ii�.��rtw-^��al
_,.c.x�., oa., _a_a
None
The lawsuit will continue with increasing attomeys fees and uncertain monetary exposure to the City.
OF TRANSACTION ��. Z r O O O. O O
COS7/REVENUE BUD6ETm (dRCLE ON� � NO
Tort Liabilitv
RcrmTrxw�sFx 09070-5011
cexPwH�