97-542e
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Presented By
ReferYed To
Committee: Date
l9,
RESOLVED, that upon execuuon and delivery of a release in full to the City of Saint
Paul, the proper City officers are hereby authorized and direct to pay out of the Tort
Liability Fund 09070-511 to Glen Lowry and John Murrin, Esq, his attorney, the sum of
$7,500.00 in full settlement of his claim for damages arising out of an occurrence on
November i, 1994 in the City of Saint Paul.
Requested by Department of:
By:
Approved by Mayor: Date _ � � 2
BY � �" _ '-(-.'
Council File # -{ � �
Green Sheet �` 3119=$
RESOLIlTION
�IINT PAUL, MINNESOTA
City Attorney
By:
Form Approv by City Attozney
By: � � t
Approved by Mayor for Submission to Council
----�_�
By:
Adopted by Council: Date � t q'
Adoption Certified by Council e retary
�l7-Sy�
DEPARTMENT/OFFICE/COUNCIL DATE INITIATED p
City Attorney � s of�ice 4/23/97 GREEN SHEE �- 3.1 19 3
CANTACTPERSON 8 PHONE INITIAVDATE INfTIAVDAiE
�DEPARTMENTDIPECTOR �CffYCOUNCIL
Gail L. Lan field, 266-8748 A ��� N OCRYATfOHNEY �CIT'CLERK
MUST BE ON COUNCIL AGENDA BY (�ATE) NU4BER FOR � BUDGET DIRECTOR � FlN. & MGT. SERVICES DIR.
flOUTING
ORDER � MAYOR (Ofl ASSISTAMn �
TOTAL # OF SIGNATURE PAGES - (CL1P ALL LOCATIONS FOR SIGNATURE)
acnor+ aEauesreo:
Approval o£ resolution settling claim o£ Glen Lowry against the City
of Saint Paul for $7,500.
RECOMMEN�A710NS= Appmva (A) or Reject (R) pEHSONAL SERVICE CONTRACTS MUST ANSW ER THE FOLLOWING QUE5TION5:
_ PLANNMCa COMMISSION _ CIVIL SERVICE COMMISS�ON �� H85 thi5 pelSOnKrm eVeT worketl untlEi a COMraCt for ihis EBp3fhfleM? -
_ CIB COMMITTEE _ YES NO
_ SinFF 2. Has this pereon/firtn ever been a city employee?
— YES NO
_ �i57qiC7 GOUR7 _ 3. Does this personttirm possess a skill not normally p���d`�by any� cu?ep�„ci[y ey,iploye.el
SUPPOflTS WHICH COUNCIL O&IECTIVE? YES NO
Explain all yas answers on separete aheet antl attach to greaP �, �� �n�i�'e
�L' ..'�e
INRIATING PqOBLEM. ISSUE. OPPOflTUN17V (W�o, What, Whan, Whara, Why):
On November 1, 1994, Glen Lowry was intoxicated and - wasJtaK`e'fi' ° o
the Ramsey County Detoxification Center by Officer Tou Cha. While
at the Center, Lowry made a gesture as if shooting a gun. Cha
initially ignored the gesture but, Cha was uncomfortable because
Lowry was unrestrained, he saw no other personnel, and he had his
back to Lowry. Lowry continued to make oomments, and Cha
ADVANTAGESIS a��� Lowry made a death threat and assumed a stance as if he was
going to strike Cha. Cha (a trained martial artist) reacted by
pushing Lowry back with his feet into the wall, and struck him with
a pu�ch to his left jaw. LoWry sustained a small cut inside of his
mouth.
Lowry initiated this action in Federal District Court, alleging Tou
Cha committed ari assault and battery, illegally detained him and
DISADVANTAG � • • • •
also alleged the City of St. Paul had failed to train, supervise
: �and control the officer. Plaintiff claims physical injuries to his
�eck and jaw as a result of this incident.
n
� �ome members of the Detoxification Center nursing staff witnessed
�n � Lowry�s gesture and saw the Officer strike him. The staff inembers
6 aontacted the police internal affairs division and a complaint was
instituted against the Officer. After the investigation, Offiaer
DISADVANTAG a�r,�mmern.ve iscip ine or excessive use o orce uring is
incident.
The defendants have denied Plaintiff's claims and asserted various
defenses. This case is ready for trial. Our office has entered
into a settlement agreement with Lowry for the sum of $7,500.00 in
exchange for a release of all claims against the defendants. Our
office recommends approval of this settlement.
m_..__�� � p,q
G'WWV4*Li'. F'":��E,�,'.?.`Ee:� � v CYx� �
TOTAL AMOUNT OF THANSACTION S 7> SOO. OO _, qEVENUE HUDGETEp (CIRCLE ONE YES NO
ili,-1 '� ], �J
FUNDIRGSOURCE Tort Liability pC7�V1TYNUMBER 090�0
FINANCIAL INFOqMATION: (EXPLAIN)
e
1
2
3
4
5
6
�, � 4 �
i- r � �
Presented By
ReferYed To
Committee: Date
l9,
RESOLVED, that upon execuuon and delivery of a release in full to the City of Saint
Paul, the proper City officers are hereby authorized and direct to pay out of the Tort
Liability Fund 09070-511 to Glen Lowry and John Murrin, Esq, his attorney, the sum of
$7,500.00 in full settlement of his claim for damages arising out of an occurrence on
November i, 1994 in the City of Saint Paul.
Requested by Department of:
By:
Approved by Mayor: Date _ � � 2
BY � �" _ '-(-.'
Council File # -{ � �
Green Sheet �` 3119=$
RESOLIlTION
�IINT PAUL, MINNESOTA
City Attorney
By:
Form Approv by City Attozney
By: � � t
Approved by Mayor for Submission to Council
----�_�
By:
Adopted by Council: Date � t q'
Adoption Certified by Council e retary
�l7-Sy�
DEPARTMENT/OFFICE/COUNCIL DATE INITIATED p
City Attorney � s of�ice 4/23/97 GREEN SHEE �- 3.1 19 3
CANTACTPERSON 8 PHONE INITIAVDATE INfTIAVDAiE
�DEPARTMENTDIPECTOR �CffYCOUNCIL
Gail L. Lan field, 266-8748 A ��� N OCRYATfOHNEY �CIT'CLERK
MUST BE ON COUNCIL AGENDA BY (�ATE) NU4BER FOR � BUDGET DIRECTOR � FlN. & MGT. SERVICES DIR.
flOUTING
ORDER � MAYOR (Ofl ASSISTAMn �
TOTAL # OF SIGNATURE PAGES - (CL1P ALL LOCATIONS FOR SIGNATURE)
acnor+ aEauesreo:
Approval o£ resolution settling claim o£ Glen Lowry against the City
of Saint Paul for $7,500.
RECOMMEN�A710NS= Appmva (A) or Reject (R) pEHSONAL SERVICE CONTRACTS MUST ANSW ER THE FOLLOWING QUE5TION5:
_ PLANNMCa COMMISSION _ CIVIL SERVICE COMMISS�ON �� H85 thi5 pelSOnKrm eVeT worketl untlEi a COMraCt for ihis EBp3fhfleM? -
_ CIB COMMITTEE _ YES NO
_ SinFF 2. Has this pereon/firtn ever been a city employee?
— YES NO
_ �i57qiC7 GOUR7 _ 3. Does this personttirm possess a skill not normally p���d`�by any� cu?ep�„ci[y ey,iploye.el
SUPPOflTS WHICH COUNCIL O&IECTIVE? YES NO
Explain all yas answers on separete aheet antl attach to greaP �, �� �n�i�'e
�L' ..'�e
INRIATING PqOBLEM. ISSUE. OPPOflTUN17V (W�o, What, Whan, Whara, Why):
On November 1, 1994, Glen Lowry was intoxicated and - wasJtaK`e'fi' ° o
the Ramsey County Detoxification Center by Officer Tou Cha. While
at the Center, Lowry made a gesture as if shooting a gun. Cha
initially ignored the gesture but, Cha was uncomfortable because
Lowry was unrestrained, he saw no other personnel, and he had his
back to Lowry. Lowry continued to make oomments, and Cha
ADVANTAGESIS a��� Lowry made a death threat and assumed a stance as if he was
going to strike Cha. Cha (a trained martial artist) reacted by
pushing Lowry back with his feet into the wall, and struck him with
a pu�ch to his left jaw. LoWry sustained a small cut inside of his
mouth.
Lowry initiated this action in Federal District Court, alleging Tou
Cha committed ari assault and battery, illegally detained him and
DISADVANTAG � • • • •
also alleged the City of St. Paul had failed to train, supervise
: �and control the officer. Plaintiff claims physical injuries to his
�eck and jaw as a result of this incident.
n
� �ome members of the Detoxification Center nursing staff witnessed
�n � Lowry�s gesture and saw the Officer strike him. The staff inembers
6 aontacted the police internal affairs division and a complaint was
instituted against the Officer. After the investigation, Offiaer
DISADVANTAG a�r,�mmern.ve iscip ine or excessive use o orce uring is
incident.
The defendants have denied Plaintiff's claims and asserted various
defenses. This case is ready for trial. Our office has entered
into a settlement agreement with Lowry for the sum of $7,500.00 in
exchange for a release of all claims against the defendants. Our
office recommends approval of this settlement.
m_..__�� � p,q
G'WWV4*Li'. F'":��E,�,'.?.`Ee:� � v CYx� �
TOTAL AMOUNT OF THANSACTION S 7> SOO. OO _, qEVENUE HUDGETEp (CIRCLE ONE YES NO
ili,-1 '� ], �J
FUNDIRGSOURCE Tort Liability pC7�V1TYNUMBER 090�0
FINANCIAL INFOqMATION: (EXPLAIN)
e
1
2
3
4
5
6
�, � 4 �
i- r � �
Presented By
ReferYed To
Committee: Date
l9,
RESOLVED, that upon execuuon and delivery of a release in full to the City of Saint
Paul, the proper City officers are hereby authorized and direct to pay out of the Tort
Liability Fund 09070-511 to Glen Lowry and John Murrin, Esq, his attorney, the sum of
$7,500.00 in full settlement of his claim for damages arising out of an occurrence on
November i, 1994 in the City of Saint Paul.
Requested by Department of:
By:
Approved by Mayor: Date _ � � 2
BY � �" _ '-(-.'
Council File # -{ � �
Green Sheet �` 3119=$
RESOLIlTION
�IINT PAUL, MINNESOTA
City Attorney
By:
Form Approv by City Attozney
By: � � t
Approved by Mayor for Submission to Council
----�_�
By:
Adopted by Council: Date � t q'
Adoption Certified by Council e retary
�l7-Sy�
DEPARTMENT/OFFICE/COUNCIL DATE INITIATED p
City Attorney � s of�ice 4/23/97 GREEN SHEE �- 3.1 19 3
CANTACTPERSON 8 PHONE INITIAVDATE INfTIAVDAiE
�DEPARTMENTDIPECTOR �CffYCOUNCIL
Gail L. Lan field, 266-8748 A ��� N OCRYATfOHNEY �CIT'CLERK
MUST BE ON COUNCIL AGENDA BY (�ATE) NU4BER FOR � BUDGET DIRECTOR � FlN. & MGT. SERVICES DIR.
flOUTING
ORDER � MAYOR (Ofl ASSISTAMn �
TOTAL # OF SIGNATURE PAGES - (CL1P ALL LOCATIONS FOR SIGNATURE)
acnor+ aEauesreo:
Approval o£ resolution settling claim o£ Glen Lowry against the City
of Saint Paul for $7,500.
RECOMMEN�A710NS= Appmva (A) or Reject (R) pEHSONAL SERVICE CONTRACTS MUST ANSW ER THE FOLLOWING QUE5TION5:
_ PLANNMCa COMMISSION _ CIVIL SERVICE COMMISS�ON �� H85 thi5 pelSOnKrm eVeT worketl untlEi a COMraCt for ihis EBp3fhfleM? -
_ CIB COMMITTEE _ YES NO
_ SinFF 2. Has this pereon/firtn ever been a city employee?
— YES NO
_ �i57qiC7 GOUR7 _ 3. Does this personttirm possess a skill not normally p���d`�by any� cu?ep�„ci[y ey,iploye.el
SUPPOflTS WHICH COUNCIL O&IECTIVE? YES NO
Explain all yas answers on separete aheet antl attach to greaP �, �� �n�i�'e
�L' ..'�e
INRIATING PqOBLEM. ISSUE. OPPOflTUN17V (W�o, What, Whan, Whara, Why):
On November 1, 1994, Glen Lowry was intoxicated and - wasJtaK`e'fi' ° o
the Ramsey County Detoxification Center by Officer Tou Cha. While
at the Center, Lowry made a gesture as if shooting a gun. Cha
initially ignored the gesture but, Cha was uncomfortable because
Lowry was unrestrained, he saw no other personnel, and he had his
back to Lowry. Lowry continued to make oomments, and Cha
ADVANTAGESIS a��� Lowry made a death threat and assumed a stance as if he was
going to strike Cha. Cha (a trained martial artist) reacted by
pushing Lowry back with his feet into the wall, and struck him with
a pu�ch to his left jaw. LoWry sustained a small cut inside of his
mouth.
Lowry initiated this action in Federal District Court, alleging Tou
Cha committed ari assault and battery, illegally detained him and
DISADVANTAG � • • • •
also alleged the City of St. Paul had failed to train, supervise
: �and control the officer. Plaintiff claims physical injuries to his
�eck and jaw as a result of this incident.
n
� �ome members of the Detoxification Center nursing staff witnessed
�n � Lowry�s gesture and saw the Officer strike him. The staff inembers
6 aontacted the police internal affairs division and a complaint was
instituted against the Officer. After the investigation, Offiaer
DISADVANTAG a�r,�mmern.ve iscip ine or excessive use o orce uring is
incident.
The defendants have denied Plaintiff's claims and asserted various
defenses. This case is ready for trial. Our office has entered
into a settlement agreement with Lowry for the sum of $7,500.00 in
exchange for a release of all claims against the defendants. Our
office recommends approval of this settlement.
m_..__�� � p,q
G'WWV4*Li'. F'":��E,�,'.?.`Ee:� � v CYx� �
TOTAL AMOUNT OF THANSACTION S 7> SOO. OO _, qEVENUE HUDGETEp (CIRCLE ONE YES NO
ili,-1 '� ], �J
FUNDIRGSOURCE Tort Liability pC7�V1TYNUMBER 090�0
FINANCIAL INFOqMATION: (EXPLAIN)