05-962Council File # Q S' 7 ��
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # 3028430
�
Presented By
Referred To
Committee: Date
1 RESOLVED that upon execution and delivery of a release in full to the City of St. Paui, the proper City
2 officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-05 1 1-000 to
3 Patrick Fearing and his attomeys Jill Clark and Jill Waite the sum of $105,000.00 in full settlement of
4 claims for damages arising from Patrick Fearing's arrest and encounter with St. Paul police officers on
5 December 31, 2001.
6 The proper City officers are further hereby authorized and directed to pay out of the Tort Liability Fund
7 09070-0511-000 to David VanSickle, the prior counsel of Patrick Fearing, the suxn of $10,000.00 in full
8 settlement of his ciaim for attorney fees arising from Patrick Feazing's arrest and encounter with St. Paul
9 police officers on December 31, 2001.
Requested by Department of:
Adoption Certi�ied by Council Secretary
����
�
City Attorney's Office
By:
Form Ap ved by City Attorney
By:
Mayox for
Adopted by Cou�cil: Date �G/ aYJGf [-/� �doJ
� Green Sheet Green Sheet Green
CA �iTy Attomey
Date Initiat
12-0CT-05
oS -`3��
Sheet Green Sheet Green Sheet �
n Sheet NO: 3028430
CoMact Person & Phone: ��•Deoartment Sent To Person
Meghan Riley � 0 ��i Attorne
266-8734 pssign 1 or's ORce Ma odAssistant
Must Be on Council Agenda by (Date): Number g ' ii i' ouucii
19-OCT-05 For 3 ' Clerk Ci Clerk
Routing
Order 4
5
6
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested: �
The CAO recommends approval of a resolurion authorizing settlement of Fearing v. City of St. Paul, et al. in the amount of $115,000.
k
idatlons: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this personffirm ever worked under a contrad foYfhis departrnent?
CIB Committee Yes No �ik'
Civil Service Commission 2. Has this persoNfirtn ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
cuvent city employee? '?�
Yes No
F�cplain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why): �. ,
Pahick Fearing brought an ac6on in U.S.D.C. against the City and St. Paul police officers Stokes, Bain and Sleavin alleging violarions of
lus constitutional rights and assault and battery. A jury verdict in favor of Feazing was entered in the ainount of $57,500 on 2 of 3
excessive force claims. Plaintiff is en6tled to reasonable attomey fees. The CiTy sought a new tdal as a result of the acrion. If approved
the proposed settlement would allow the City to clispose of the case without an admiss
AdvanWges If Approved: � � `�
The City would avoid the risks of a new trial and exposure to increased attomey fees and damages. SetHement of the case is not an �
admission of liability.
Disadvantapes If Approved:
None
Disadvantages If Not Approved:
The Court could award attomey fees tLat greafly exceed the amount of the settlement If a new trial is granted,a jiuy could determine
that a constitutional violation occurred against, wluch would increase attomey fees.
d Amount of 115000
Transaction:
Funding Source: TOrt LlBbility
Financial Infortnation:
(Explain)
Cost/Revenue Budgeted: Y
Activiri Number. 09070
Cot� Re�arch G�nte°
�'�T �. 2 2005
RECEIVED
OCT 1 2 2005
MAYOR'S OFFICE