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95-824�R1GI�lA�. Council File # 9s��` Green Sheet # 28612 RESOLUTiON SAINT PAUL, MWNESOTA Presented Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 County District Court Requested by Department o£: City ttorney B � �'��`��.. Adopted by Council: Date Adoption Certified by Counc' S etary By: Appr By: �t,3 Committee: Date RESOLVED, that upon execution and delivery of a release in full to the City of Saint Paul, the proper Ciry officers are hereby authorized and d'uected to pay out of the Tort Liability Fund 09070-0511 to Merilyn Ludwig the sum of $75,000.00 in full settlement of her claim for damages sustained as a result of her son being shot and killed by St. Paul police officers on September 22, 1990. Form Approved by City Attorney By. ° G/(/�' �� o�U/G'—.� C�3 d/S J Approved by Mayor for Submission to Council By: ��� APPROVED: . . .. . ........�._ ,< <-P ..-n�a.,^-..��5^a .: 'stc„ ,.;;.:Y�x.:.�...:.�%-.�•>'st�Y° . .,� 9s�.�y . DEPARTMENT/OFPICE/COUNCIL DATE �NITIATE� IV �. L O V S L , City Attorney e/as/9s GREEN SHEE CANTACT PERSpN 8 PHONE INIT19�ATE INRIAVOATE �DEPARTMENTDIREGTOR �CffYCAUNCIL Pamela F. Hutton, 266-8726 A��N [,�cmmloaNev , 9S �CffYCLEFIK NUYBERFOR MUST BE ON CpUNCIL AGENDA BY (�ATE) p �� BUDGET DIflECTOH � FIN. & MGf. SEFVICES �IR. ORDEN 1'V� MAYOR (OF ASSISTgNT) ❑ VJ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: . Approval o£ resolution settling claim of Merilyn Ludwig against the Cit�y of St. Paul for $75,000. RECqMMENDAT10N5: Appmve (A) or ilejeet (F) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ PL4NNING COMMISSION _ CIVIL SEqVICE GOMMISSION �� Has thi5 pBrSOnHiRn 8V2f WOfketl U�def d COMfdd fOf thiS department? _CIBCOMMfiTEE _ �'ES NO _ S7qFF 2. Has this person/firm ever been a ciry employee? — YES NO _ Di57RiCT COURi _ 3. Does ihis person/hrm possess a sKill not normally posses� by,gry_pp I SUPPORTSWHICHCOUNCILO&IECTIVE? YES NO Vifaa�+� ���� Explain all yes anawers on separate sheet anE attach to green sheM JISL 07 1985 INITIATING PPOBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why). � _".._�. .�a�,sa'+m�-"'r On September 22, 1990, St. Paul police answered call to investigate a man living in the brush behind Wendy's restaurant on the East Side. Ultimately, eight (8) officers responded, but the initial response was by two officers. Immediately upon police arrival, James Ludwig, whom police sought to question, demonstrated � ' rge i e. A � A � A �fe re used orders to drop the weapon.� Though Ludwig then retreated on foot, he continually refused to surrender the knife and threatened police with it. Based on what the officers observed, they reasonably concluded that anyone within the zone of danger of 21' to Ludwig would be harmed or killed. As the incident unfolded, officers also believed that bystanders who had been seen in the area were in imminent threat of grave bodily harm or death if Ludwig either chose to take someone ca tive or suddenl m v DISADVA �F P� ion o an on-looker. Ludwig was told numerous times to give up the knife, but he refused, challenging police to. either kill him or that he would kill them. Police tried various means to secure Ludwig's compliance, including placing themselves within the zone of danger and talking to him, macing him, and trying to deflect him with a squad car. However, all efforts at non-iethal containment failed. When Ludwig fled quickly in the vicinity af bystanders after a second attempt at macinq proved useless, he was s o DISADVA�FiS2 F�y�r� PR O�B:seph Strong, both of whom believed that further 1 containment was impossible and that the threat Ludwig posed to bystanders in the area was now too great a risk to take:�� Ludwig was pronounced dead at the scene. His mother sued the City`and two of the involved officers under 42 U.S.C. §1983 (and lo@ged state - tort claims), alleging the City had inadequately trained its officers to recognize and handle emotionally disturbed persons (unbeknownst to police, Ludwig was paranoid schizophrenic and ' s se unoons i u ional �orce in seizing Ludwia. TOTAL AMOUNT OF TRANSACTION $ 7 S,( 11g COSTlREVENUE BUOGE7ED (CIRClE ONE) YES r NO FUNDIfdGSOURCE `Pnrt 7 .i ahil '�3j ACTIVI7YNUMBER non�n PINANCIAL INFORMATION (EXPLAIN) �s �a� The City Attorney was successful in having the suit against the officers dismissed by the trial court, based upon the federal defense of "qualified iaununity," but this decision was reversed by the Eighth Circuit Court of Appeals which held the claims against all defendants should proceed to trial. (A petition for a rehearing of that decision was recently denied.) Plaintiff's expert opined that the City had ineffectively trained its officers and that the seizure of Ludwig was excessive, in violation of the Fourth Amendment. Defendants' expert disagreed, opining there was nothing unreasonable in this action, since it was dictated by necessity, exigent circumstances, and the threat posed by Ludwig to innocent bystanders in the area. Plaintiff's demand was for $750,000.00. After negotiations, plaintiff and defendants agreed on a compromise settlement in the sum of $75,000.00. We respectfully request approval of this settlement agreement.