File #: O-009-25    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 12/27/2024 In control: Law Department
On agenda: 1/14/2025 Final action: 1/14/2025
Title: Authorizing the partial settlement of claims brought in Pratt v. City of Toledo; authorizing the expenditure of $800,000 from the Risk Management Fund; and declaring an emergency.
Attachments: 1. Video: City Council January 14, 2025

 

Label

Pratt v. City of Toledo

Department of Law

T. Lavalette (x1856)

Revised

 

Title

Authorizing the partial settlement of claims brought in Pratt v. City of Toledo; authorizing the expenditure of $800,000 from the Risk Management Fund; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

The City has reached a settlement with the remaining two plaintiffs in a lawsuit captioned Pratt, et al., v. City of Toledo, et al., Case No. 3:21-cv-01111, pending 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 $800,000 in aggregate to the plaintiffs listed below, inclusive of attorneys’ fees.  In their lawsuit, the plaintiffs allege 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 payments of $200,000 to Robert Kowalski and $600,000 to Saray Pratt, and to their Attorneys Friedman, Gilbert & Gehardstein, and D. Lee Johnson & Associates, for a total of $800,000, in 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, are approved for expenditure from the Risk Management Fund Account Code 7095-12000-1157001STDSTD.

 

                     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 their warrant or warrants in the amounts referenced above to the named against the above Account Code in payment of the above-authorized obligations 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 11, nays 0.

 

Passed:  January 14, 2025, as an emergency measure:  yeas 11, nays 0.

 

Attest:                                          

Julie A. Gibbons                                          Carrie Hartman

Clerk of Council                                          President of Council

 

Approved:                                                               January 14, 2025

Wade Kapszukiewicz

Mayor