97-1157:�.`3,��,i<'.� '
1�
Council File # Q ��5�
Green Sheet # 3 �`q 5
Presented
Referred
1
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3
4
5
6
7
S
9
10
11
12
13
14
15
16
17
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19
20
RESOLUTION
CITY OF SAINT PAUL, N
� � ,
RE50LVED, that upon execution and delivery of a release in
full to the City of Saint Paul, the proper City officers are hereby
authorized and directed to pay out of the Tort Liability Fund
09070-0511 to James Brendale the sum of $225,000.00 in full
settlement of his claim for damages sustained on June 12, 1995, as
a result of an altercation with police officers at or near Plato
and Robert Street.
APPROVED:
ldopted by Council: Date ���-_ J,y�\qqT�
�doption Certified by Council Secretary
Y�
ppr
Y�
Requested by Department of:
Citv Attornev .
By:
by Ci�y Attorney
By:
App'i�ars�d by Mayor for Submission to Council
By: ,� ,�/�-�'
9"! — t b5�
Frank E. Villaume III,266-8
}�
TOTAL # SIGNASURE
GREEN SHEET N_ 31 195
fNR1AVDATE INRIAUDAiE
DEPARTMENT DIfiECfOF � GTY CqUNCIL
CITY ATTORNEY O CITV CLERK
BUDGET DIflECTOR O FIN. & MGT. SEHVICES 61R.
MAVOR (OR ASSISTANn �
(CLIP ALL LOCATIONS FOR SIGNATURE)
Approval of resolution settling claim of:James Brendale against the City o£
Saint Paul for $225,000.00
__ 4LANNlNG COMMISSION
_ CIB COMMITTEE
_ sinFF
Relect (H)
_ GNIL SERVICE COMMI$SI�N
�
PEflSONAL SERVICE CONTHACTS MUST ANSWER SHE FOLLOWItiG t]UESTIONS:
L Has this person/Firm ever worked under a contract Por this tlepartment? -
YES NO
2. Has this perso�rm ever been a ciiy employee?
YES NO
— 4 �«T �RT — 3. Does this persoNfirm possess a skiil not normail �
y O�sessetl by any current cify empioyee.
SUPPORTS WHICH COUNqL OBJEC(IVE? YES NO
Espinin nt{ yes answers on separete sheet and enech to green sheet
INITIATING PROBLEM, ISSUE, OPPoRNNITY (Who, Wha; Whan, WhCre, Why):
On June 12, 1995, plaintiff James Brendale was the passenger
in a vehicle which was involved in a police chase. At the end of
the chase two St. Paul Police Officers removed Brendale from the
vehicle. Brendale is a quadriplegic and was unable to offer any
resistance. Brendale alleges that, despite his candition,
excessive force was used against him by the officers causing him
physical injuries.
ADVAMAQESIFAPPROVED: BYeI1CId10 made a aomplaint with the St. Paul Police
Department's Internal Affairs Unit. After an investigation into
the circumstances of the incident the investigator recommended
that the complaint of excessive force be sustained against the
two officers involved. That recommendation was adopted by the
Police-Civilian Review Board and the Chief of Police.
Brendale instituted an action in federal court alleging
Officers Sohm and Yang deprived him of his constitutional right
to be free from excessive force. Brendale sought to assess
liability against the City for being deliberately indifferent to
the rights oP Brendale by failing to train and supervise Officer
Sohm who has a prior history of complaints of unreasonable use of
force. Plaintiff requested aompensatory as well as punitive
damages against the defendants. In addition, plaintiff would be
entitled to his attorneys fees if a jury returned a verdict in
A court ordered settlement conference was held before
Magistrate Judge Lebedoff on September 5, 1997. After a full day
of settlement negotiations the parties agreed to a proposed
settlement of $225,00.00, in full settlement of this case. Given
the liability issues and the specter of a substantial award of
attorney's fees to plaintiff, this office recommends settlement
fOTAL AMOUNT OF TRANSACTION �25 � OOO. OO COST/REVENUE BUDGETED (CIRCLE
°UNDIHGSOUHCE Tort Liability ACTIYITYNUMBER OS
7NANCIAL INFOpMATION; (EXPLAIN)
YES NO
i .
SMP 1 8 ��97
:�.`3,��,i<'.� '
1�
Council File # Q ��5�
Green Sheet # 3 �`q 5
Presented
Referred
1
2
3
4
5
6
7
S
9
10
11
12
13
14
15
16
17
18
19
20
RESOLUTION
CITY OF SAINT PAUL, N
� � ,
RE50LVED, that upon execution and delivery of a release in
full to the City of Saint Paul, the proper City officers are hereby
authorized and directed to pay out of the Tort Liability Fund
09070-0511 to James Brendale the sum of $225,000.00 in full
settlement of his claim for damages sustained on June 12, 1995, as
a result of an altercation with police officers at or near Plato
and Robert Street.
APPROVED:
ldopted by Council: Date ���-_ J,y�\qqT�
�doption Certified by Council Secretary
Y�
ppr
Y�
Requested by Department of:
Citv Attornev .
By:
by Ci�y Attorney
By:
App'i�ars�d by Mayor for Submission to Council
By: ,� ,�/�-�'
9"! — t b5�
Frank E. Villaume III,266-8
}�
TOTAL # SIGNASURE
GREEN SHEET N_ 31 195
fNR1AVDATE INRIAUDAiE
DEPARTMENT DIfiECfOF � GTY CqUNCIL
CITY ATTORNEY O CITV CLERK
BUDGET DIflECTOR O FIN. & MGT. SEHVICES 61R.
MAVOR (OR ASSISTANn �
(CLIP ALL LOCATIONS FOR SIGNATURE)
Approval of resolution settling claim of:James Brendale against the City o£
Saint Paul for $225,000.00
__ 4LANNlNG COMMISSION
_ CIB COMMITTEE
_ sinFF
Relect (H)
_ GNIL SERVICE COMMI$SI�N
�
PEflSONAL SERVICE CONTHACTS MUST ANSWER SHE FOLLOWItiG t]UESTIONS:
L Has this person/Firm ever worked under a contract Por this tlepartment? -
YES NO
2. Has this perso�rm ever been a ciiy employee?
YES NO
— 4 �«T �RT — 3. Does this persoNfirm possess a skiil not normail �
y O�sessetl by any current cify empioyee.
SUPPORTS WHICH COUNqL OBJEC(IVE? YES NO
Espinin nt{ yes answers on separete sheet and enech to green sheet
INITIATING PROBLEM, ISSUE, OPPoRNNITY (Who, Wha; Whan, WhCre, Why):
On June 12, 1995, plaintiff James Brendale was the passenger
in a vehicle which was involved in a police chase. At the end of
the chase two St. Paul Police Officers removed Brendale from the
vehicle. Brendale is a quadriplegic and was unable to offer any
resistance. Brendale alleges that, despite his candition,
excessive force was used against him by the officers causing him
physical injuries.
ADVAMAQESIFAPPROVED: BYeI1CId10 made a aomplaint with the St. Paul Police
Department's Internal Affairs Unit. After an investigation into
the circumstances of the incident the investigator recommended
that the complaint of excessive force be sustained against the
two officers involved. That recommendation was adopted by the
Police-Civilian Review Board and the Chief of Police.
Brendale instituted an action in federal court alleging
Officers Sohm and Yang deprived him of his constitutional right
to be free from excessive force. Brendale sought to assess
liability against the City for being deliberately indifferent to
the rights oP Brendale by failing to train and supervise Officer
Sohm who has a prior history of complaints of unreasonable use of
force. Plaintiff requested aompensatory as well as punitive
damages against the defendants. In addition, plaintiff would be
entitled to his attorneys fees if a jury returned a verdict in
A court ordered settlement conference was held before
Magistrate Judge Lebedoff on September 5, 1997. After a full day
of settlement negotiations the parties agreed to a proposed
settlement of $225,00.00, in full settlement of this case. Given
the liability issues and the specter of a substantial award of
attorney's fees to plaintiff, this office recommends settlement
fOTAL AMOUNT OF TRANSACTION �25 � OOO. OO COST/REVENUE BUDGETED (CIRCLE
°UNDIHGSOUHCE Tort Liability ACTIYITYNUMBER OS
7NANCIAL INFOpMATION; (EXPLAIN)
YES NO
i .
SMP 1 8 ��97
:�.`3,��,i<'.� '
1�
Council File # Q ��5�
Green Sheet # 3 �`q 5
Presented
Referred
1
2
3
4
5
6
7
S
9
10
11
12
13
14
15
16
17
18
19
20
RESOLUTION
CITY OF SAINT PAUL, N
� � ,
RE50LVED, that upon execution and delivery of a release in
full to the City of Saint Paul, the proper City officers are hereby
authorized and directed to pay out of the Tort Liability Fund
09070-0511 to James Brendale the sum of $225,000.00 in full
settlement of his claim for damages sustained on June 12, 1995, as
a result of an altercation with police officers at or near Plato
and Robert Street.
APPROVED:
ldopted by Council: Date ���-_ J,y�\qqT�
�doption Certified by Council Secretary
Y�
ppr
Y�
Requested by Department of:
Citv Attornev .
By:
by Ci�y Attorney
By:
App'i�ars�d by Mayor for Submission to Council
By: ,� ,�/�-�'
9"! — t b5�
Frank E. Villaume III,266-8
}�
TOTAL # SIGNASURE
GREEN SHEET N_ 31 195
fNR1AVDATE INRIAUDAiE
DEPARTMENT DIfiECfOF � GTY CqUNCIL
CITY ATTORNEY O CITV CLERK
BUDGET DIflECTOR O FIN. & MGT. SEHVICES 61R.
MAVOR (OR ASSISTANn �
(CLIP ALL LOCATIONS FOR SIGNATURE)
Approval of resolution settling claim of:James Brendale against the City o£
Saint Paul for $225,000.00
__ 4LANNlNG COMMISSION
_ CIB COMMITTEE
_ sinFF
Relect (H)
_ GNIL SERVICE COMMI$SI�N
�
PEflSONAL SERVICE CONTHACTS MUST ANSWER SHE FOLLOWItiG t]UESTIONS:
L Has this person/Firm ever worked under a contract Por this tlepartment? -
YES NO
2. Has this perso�rm ever been a ciiy employee?
YES NO
— 4 �«T �RT — 3. Does this persoNfirm possess a skiil not normail �
y O�sessetl by any current cify empioyee.
SUPPORTS WHICH COUNqL OBJEC(IVE? YES NO
Espinin nt{ yes answers on separete sheet and enech to green sheet
INITIATING PROBLEM, ISSUE, OPPoRNNITY (Who, Wha; Whan, WhCre, Why):
On June 12, 1995, plaintiff James Brendale was the passenger
in a vehicle which was involved in a police chase. At the end of
the chase two St. Paul Police Officers removed Brendale from the
vehicle. Brendale is a quadriplegic and was unable to offer any
resistance. Brendale alleges that, despite his candition,
excessive force was used against him by the officers causing him
physical injuries.
ADVAMAQESIFAPPROVED: BYeI1CId10 made a aomplaint with the St. Paul Police
Department's Internal Affairs Unit. After an investigation into
the circumstances of the incident the investigator recommended
that the complaint of excessive force be sustained against the
two officers involved. That recommendation was adopted by the
Police-Civilian Review Board and the Chief of Police.
Brendale instituted an action in federal court alleging
Officers Sohm and Yang deprived him of his constitutional right
to be free from excessive force. Brendale sought to assess
liability against the City for being deliberately indifferent to
the rights oP Brendale by failing to train and supervise Officer
Sohm who has a prior history of complaints of unreasonable use of
force. Plaintiff requested aompensatory as well as punitive
damages against the defendants. In addition, plaintiff would be
entitled to his attorneys fees if a jury returned a verdict in
A court ordered settlement conference was held before
Magistrate Judge Lebedoff on September 5, 1997. After a full day
of settlement negotiations the parties agreed to a proposed
settlement of $225,00.00, in full settlement of this case. Given
the liability issues and the specter of a substantial award of
attorney's fees to plaintiff, this office recommends settlement
fOTAL AMOUNT OF TRANSACTION �25 � OOO. OO COST/REVENUE BUDGETED (CIRCLE
°UNDIHGSOUHCE Tort Liability ACTIYITYNUMBER OS
7NANCIAL INFOpMATION; (EXPLAIN)
YES NO
i .
SMP 1 8 ��97