File #: O-265-24    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 5/21/2024 In control: Law Department
On agenda: 6/5/2024 Final action: 6/5/2024
Title: Authorizing the partial settlement of claims brought in Pratt v. City of Toledo; authorizing the expenditure of $400,000 from the Risk Management Fund; and declaring an emergency.

 

Label

Pratt v. City of Toledo

Department of Law

T. Mohler x2408

 

Title

Authorizing the partial settlement of claims brought in Pratt v. City of Toledo; authorizing the expenditure of $400,000 from the Risk Management Fund; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

 

The City has reached settlements with 14 of the 16 plaintiffs in a lawsuit captioned Pratt, et al, v. City of Toledo, et all, Case No. 3:21-cv-01111 in the U.S. District Court for the Northern District of Ohio, Western Division. In exchange for full releases, the city has agreed to pay $400,000 total for the plaintiffs listed below. In their lawsuit, the plaintiffs alleged they were injured by Toledo Police officers during civil rights protests on May 30, 2020.

 

Summary

NOW THEREFORE Be it ordained by the Council of the City of Toledo:

 

SECTION 1.  That payment of $25,000 each in settlement of the claims of Alyx Kendzierski; Cameron Singleton; Benjamin Hinsey; Jason Steward; Robert Barner; Terrance Johns; Christopher Banks; Michael Carpenter; Taylor Harrison; Keryn Werdehoff; Zachary Dempster; Elijah Young; Isabella Brazzil; and, $75,000 to Katey David and to their Attorneys Friedman, Gilbert & Gerhardstein, for a total of $400,000 in Case No. Case No. 3:21-cv-01111 captioned Pratt, et al.  v. City of Toledo, et al. pending in U.S. District Court for the Northern District of Ohio, Western Division is approved.

 

                     SECTION 2.  That payment of these claims is contingent upon the execution of proper releases by each claimant.

 

                     SECTION 3.  That the Director of Finance is authorized to draw a warrant or warrants in the amounts referenced above to the named parties against Account No. 7095-12000-1157001STDSTD upon presentation of the proper vouchers.

 

SECTION 4.  That this Ordinance being an emergency measure shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that this ordinance is necessary for the immediate preservation of the public peace, health, safety and property and for the further reason that this ordinance must be immediately effective in order to implement the settlement.

 

Vote on emergency clause:  yeas 10, nays 0.

 

Passed:  June 5, 2024, as an emergency measure:  yeas 10, nays 0.

 

Attest:                                          

Julie A. Gibbons                                          Carrie Hartman

Clerk of Council                                          President of Council

 

Approved:                                                               June 10, 2024

Wade Kapszukiewicz

Mayor