05-953CouncilFile# OS' �S�
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Green Sheet # 3028222
/S
Committee: Date
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RESOLVED, that upon execution and delivery of a release, attached hereto as Exhibit "A", in
full to the City of St. Paul the proper City officers aze hereby authorized and directed to pay out
of the Tort Liability Fund Activity 09070-0511 to Travonte Dauis, and his attorney Michael B.
Padden, the sum of $27,500.00 in full settlement of Travonte Davis' claims for damages as
alleged in the action entitled Travonte Marquise Dushonn Davis, a minor, by his parent and
legal guardian vs. Officer Tou M Cha, and The Ciry ofSt. Paul, U.S. District Court File No. 04-
2815 (MJD/JGL).
OF DISTRICT COURT
Adopted by Council: Date DC-�v� (o[ �Q��
Adoption Certified by Council Secretary
Requested by Department of:
By:
� /
s F.X.Jerskey
Form Appxoved by City Attorney
� Green Sheet Green Sheet
OS-953��
Green Sheet Green Sheet Green Sheet Green Sheet
DepartmeM/office/eouncil: Date Initiated:
cA - CityAUOmey �sEP-05 Green Sheet NO: 3028222
Contad Person & Phone: ���^e� Sent To Person InitiaUDate
james jerskey � 0 ' Attorne
266-8757 puqgn 1 a or•sOfLce Ma od iscaut
Must Be on Council Agenda by (Date): Number 2 oun ' u cil
OS-OCT-0S For
Routing 3 i Cler Ci Clerk
Order 4
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ToWI # W Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of Resolu6on settling claim of Travonte Davis against Officer Tou Cha and the City of St. Paul.
Recommendations: Approve (A) or Reject {R): Personal Service Contracts Must Answer the Followi� Questions:
Planning Commission 1. Has this person/firm ever worked under a conVact for this deparfinent?
CIB Committee Yes No ,
Civil Service Commission 2. Has this person/firtn ever been a city employee?
Yes No
3. Dces this personffittn passess a skill not normally possessed by any
current 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):
On September 10, 2003, Travonte Davis, a minor, claims that Officer Tou Cha assaulted him while the two individuals were alone in a
stairwell at police headquartezs. Suit was brought by his mother Sherrita Davis in U. S. Dishict Court alleging the Officer violated lus
Fourth Amendmern rights. An elcpert.retained by the City coufirmed the boy e�ibited signs of emorional trauma and couldn't rule out
Yhe possibility that it was caused by Cha:
AdvaoWges If Approved:
The City would avoid the costs/risks of trial as well as exposure to an awazd of attomey's fees to opposing.counsel.
DisativantapeslfApproved: .
None.
Disadvantages If Not Approvetl:
The lawsuit will continue with increasing attorney's fees and uncertain monetary exposure to the City.
Total Amount of �
Trensaction: 27500 CostlRevenue Budgeted: Y
Fundins� Source: Tort Liability Activity Number: 09070-0511
Financial {nformation: .
(Explain)
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RELEASE IN FULL
In consideration of the payment of the sum of Twenty Seven Thousand, Five Hundred and
NO/100ths Dollazs ($27 the receipt and sufficiency of wluch aze hereby aclaiowledged,
paid to me by Defendants Officer Tou Cha and the City of St. Paul, T, Sherrita Davis, as parent and
naturai guardian ior Tia�cnte �a: is, z aune*, �nd on behaLf of myself, our heirs, executors,
ydtninistrators and assi�s, release and forever dischazge Officer Tou Cha and The City of St. Paul
and their insurers and all other persons, finvs or corporations from all claims, demands, damages,
actions or causes of action on account of bodily injury resulting or to result from an assault incident
which by claim occurred on or about September 10, 2003 in St. Paul, Miimesota.
This is a release of all claims or demands whatsoever which I, on beha7f of Travonte Davis,
a minor, and on my own behalf, have in law or in equity and/or �'hich we or our heus, executors,
administrators or assi�s can, shall or may have by reason of any matter, cause ar thing whatsoever
prior to the date hereof.
It is understood and agreed, that this is a fixll and finai release of all claims of every nature
and kind whatsoever and releases claims that are l�iown and uulaiown, suspected and unsuspected.
It is fiuther understood and agreed that any partY hereby released a.dmits no liability to the
undersigned or anY others, shall not be estopped or otherwise barred from asserting, and expressly
reserves the right to assert, any claim or cause of aerion such party may have against the
undersigned•
DS-953
1N WITNESS WHEREOF, I have hereunto set my hand this�y of� , 2005.
sheinta llavis, as parent
and legal guazdian of
Travonte Mazquise Dushonn Dauis