02-554ORIGINAL
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Presented By
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Committee: Date
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RESOLVED, 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 7avier
Mendoza, and his attorney, Eric Hageman, the sum of $11,000.00 in full settlement of his claim, including
costs, disbursements and attorney's fees arising out of an incident on August 2,1999, in the City of Saint Paul.
APPROVED:
`t-' c0 , ��k�
JUDGE OF DIS CT COURT
Dated: � °-1 �,,.. LW �.
Requested by Deparhnent o£
Adopted by Council: Date �- �c� a�
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Adoprion C�r�ified by Council Sec
Sy:
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Council File # 0 '� � SS �
Green Sheet # 104101
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OFPAR7MFNTAD�EI�U�lCIL OA7E YatNiFn
City Attorney 6/14/02 GREEN SHEET No 1 ��; ��i
CONiACT PERSON & PFiONE WtlauDb inmMlDeY
Gail Langfield, 266-8748
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MUSf BE ON COIRJCILAGQm11 BY (DA'fE)
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TOTAL �E OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION RE�UESTED .
Approval o£ resolution settling the claim of Javier Mendoza against the
City o£ St. Paul for $11,000.00.
RECOMMENDATION Approve (A) w RejeM () PERSONALSERViCE CON7RACf5 MUSTANSWER7HE FOLLOWING QUE57ION5:
� 7. Haslluspe�soMrmeuerwaketl�nMeracontracttorfhistleParlment7
PLANNING COMMISSION ' VES NO
CIBCOMMITTEE 2. FlectltispereaNfiime�erbeenaaHemWoyeeT
CNIL SERVICE CAMMISSION YES NO
3. Dcecttes PeismlFrm poasese a sldl na[ nm�alh�P� M' �Y ctirtent ciry empbyee?
YES NO
' 4. la tlxs pnaoMlm a tarpe[ed aeiMo(!
YES I�
E�lain aN Y� a�v.eis on seP�te sheet and attach to 9reen sheet
INITIAT�NGPROBLEM ISSUE.OPPORTUNIN(Who. What, When. WMre, WhY) ��±� �,�+}°!,,
See attached.
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ADVAN7AGESIFAPPROVED '
DISADVANTAGES IFAPPROVED
DISADVAMAGES IF NOT APPROVED '
TOTAL AMOUNT OF TRANSACTION S �- �- i O O O. O O pps7/pEypNE BUDfiETm (CIRCLE ONE) L VES ] NO
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FUNDf1i650URCE Tort Liability � 09070
FINANCIFL MFORMAiION (IXPWtQ �
On August 2, 1999 the Minnesota State Patrol noufied St. Paui Police that a dark blue Buick,
license plate CXF 784 was seen at Snelling/94 with Hispanic occupants pointing a gun. St. Paul
Police Officers located the vehicle behind an apartment building at 902 East Minnehaha and
observed Hispanic occupants getting out of the car. When the o�cer approached the Hispanic
males Javier Mendoza was present as he was visiting with his friends, the occupants of the
vehicle, in the backyazd of the apartment building. The police explained that they were
investigating a gun pointing incident which had occurred on Interstate 94 and for officer safety
reasons they would be pat searched to make sure no one had a gun while they investigated. Each
person, including Mr. Mendoza was asked to put his hands behind his head, with his fingers
interlocked, and stand with his feet spread. Javier Mendoza stood as directed but when the
Officer grabbed hold of his interlocked fingers, Mr. Mendoza started twisting away and
attempted to pull his hands away. Mr. Mendoza questioned the reasons for the search, stated the
officers were hazassing him and his friends because of their nationai origin and claimed the
seazch was illegal. According to Mr. Mendoza, when he questioned the legality of the search,
Officer Shawn Campbell approach him and punch him in the right side with his fist. Mr.
Mendoza claims he was handcuffed and placed in the rear of a squad for 15 to 20 minutes. After
his release from the squad, Mr. Mendoza asked who had punched him and stated he wanted to
make a complaint. Mr. Mendoza claims that because he told the officers he wanted to make a
complaint, he was issued a citation for obstruction of legal process. Mr. Mendoza received
minor bruising because of the punch to the right side. The citation issued to Mr. Mendoza was
dismissed.
Mr. Mendoza initiated a lawsuit in Federal court alleging Officer CampbelPs conduct violated
his civil rights and he was assaulted, battered and falsely arrested. This case is ordered to be
ready for trial on July 1, 2002. Our office has entered into a setdement agreement with Mr.
Mendoza for the sum of $11,000.00 in exchange for the release of all his claims against a11
defendants. Our office recommends approval.
ATTACHMENT