Label
Brandon Upchurch v. City of Toledo, et al.
Department of Law
J. Charles (x1020)
Revised
Title
Authorizing the settlement of claims brought in Brandon Upchurch v. City of Toledo, et al.; authorizing the expenditure of $35,000 from the Risk Management Fund; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The City has reached a settlement with Brandon Upchurch, plaintiff in a lawsuit captioned Brandon Upchurch v. City of Toledo, et al., Case No. 3:25-cv-711 in the U.S. District Court for the Northern District of Ohio, Western Division. In exchange for a full release, the City has agreed to pay $35,000 to Plaintiff and his lawyer. In his lawsuit, the Plaintiff alleges he was injured by a Toledo Police Department K-9 unit during a traffic stop.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That payment of $35,000 in settlement of the claims of Brandon Upchurch in Case No. 3:25-cv-711 captioned Brandon Upchurch v. City of Toledo, et al. pending in the U.S. District Court for the Northern District of Ohio, Western Division, is authorized 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 Plaintiff.
SECTION 3. That the Director of Finance is authorized to draw a warrant or warrants in the amount of $35,000 to Brandon Upchurch and The Pattakos Law Firm LLC, against the above-mentioned Account Code and upon presentation of the proper voucher or 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.
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