06-446Council File # D6�y��
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # 3030542
�J
Presented By
Refened To Committee: Date
1 RESOLVED, that upon execution and delivery of a release in full to the City of St. Paul, the proper City
2 officers are hereby authorized and directed to pay out of the Tort Liability Fund 09070-5 1 1-000 the sum of
3$15,00� in full settlement of Plaintiff s claims in Prince Butler v. Citv of St. Paul, et al. for damages arising
4 from Prince Butler's encounter with a St. Paul Police Officer on December 9, 2002.
APPROVED BY:
Dated:
S•Z-OG �
D'st ict Cou t Judge
$Y: / i_ /Gf/i �/JiiL�S/�ii
Approved l�y� / ay� /j Date� � — f) b(o
BY � � " `f�"�`��
Requested by Department of;
!�i'L � �i C)��,
By: p"'C
Form Approved by Cit Attorney
By:
Appro�' ` a r f r S�imissi to ouncil
By: 1
Adopted by Council: Date � 1U,u ����
Adoption Certified by Council Secretary
� Green
Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
L� -�1�1�
DepartmenNoffice/council: Date Initiated:
� cA -�;TyA�omey 26-APR-O6 Green Sheet NO: 3030542
Contact Person 8 Phone• Deoartment Sent To Person InitiaUDate �
PORiaHafitpton-Flowers � 0 'tvAttornev CitYAttornev � � $�z��
266-5774 Assign 1 avor's O�ce Mavor's Office �
i
Must Be on Council Agenda by (Date): Number 2 n���c;i I Couocil__ I �
� 10-MAY-O6 For
Routing 3 � Attorne Ci Clerk I
Order 4 � �
5 � (
6 I
. �
Totai # of Signature Pages _(Clip All Locations for Signature)
Action Requested: � I
The CAO recommends approval of a Resolution authorizing settlement of Prince Butler v. City of St. Paul in the amount of $15,000.
i�
Recommendations: Approve (A) or Re}ect (R): Personal Service Cantracts Must Answer the Following Questions: i
Planning Commission 1. Has this person/firm ever worked under a contrad for this department? �
CIB Committee Yes No , I
Civil Service Commission 2. Has this personffirm ever been a city employee? �i
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee? `
Yes No I
Explain all yes answers on separate sheet and attach to green sheet I
-�
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why)i i
Plainriff brought an action in U.S. District Court against the City of St. Paul and former St. Paul Police Officer Tou Cha alleging violation j
of Prince Sutler's constitutional riu,�ts. Plaintiff is alleging certain facts which, if believed by a jury, would result in a jury determination �
I that Tou Cha violated Butler's constitutional rights. This would require the City to compensate Plaintiff for damages and pay Plaintiffs
attorney's fees. The Court also could award punitive damages. �
Advantages if Approved: �
The City would avoid the costs and risks of trial as well as the eaposure to an award of punitive damages and attorney's fees.
Settlement of this case is not an admission of liabIlity.
i DisadvanWqeslfApproved:
None.
I
I
I I
Disadvanhges If Not Aqproved: I
The jury could determine that a constitutional violarion occurred, award compensatory damages, attorney's.fees and punitive damages. �
I
I
7otalAmountof 15000 CosURevenue Budgeted: y
Trensaction:
Fundins� Source: Tort liability Fund Activitv Number. 09070-511-000
Financiaf Information: • ��� ����� I
(Explain) �
� P�AY 6 � 20�6 �',
--.:
/ ��19
�
✓� �