Share to Facebook Share to Twitter Bookmark and Share
File #: O-306-21    Version: 1 Name:
Type: Ordinance Status: Approved
File created: 5/24/2021 In control: Law Department
On agenda: 6/8/2021 Final action: 6/8/2021
Title: Authorizing the settlement of the lawsuit of Jeremy Spiess in Case No. 3:19 cv-01031 captioned Jeremy Spiess v. City of Toledo et. al., pending in the United States District Court, Northern District of Ohio, Western Division before the Honorable Judge Zouhary for the total sum of $20,000 in settlement of the claims of Plaintiff; authorizing the expenditure of $20,000 from the Risk Management Fund; and declaring an emergency.
Attachments: 1. Audio: Agenda Review June 1, 2021, 2. Audio: City Council June 8, 2021

Label

Jeremy Spiess

Department of Law

Ted Mohler (x2408)

Revised

 

Title

Authorizing the settlement of the lawsuit of Jeremy Spiess in Case No. 3:19 cv-01031 captioned Jeremy Spiess v. City of Toledo et. al., pending in the United States District Court, Northern District of Ohio, Western Division before the Honorable Judge Zouhary for the total sum of $20,000 in settlement of the claims of Plaintiff; authorizing the expenditure of $20,000 from the Risk Management Fund; and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

Mr. Spiess filed a lawsuit in the United States District Court on May 8, 2019 alleging injury as a result of his arrest here in Lucas County Ohio.   

 

A proposed agreement has been reached in the amount of $20,000 to settle all claims stemming from the incident described above without constituting an admission of liability for any violation of state or federal law.

 

Summary

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

                          

SECTION 1. That payment of $20,000 to Jeremy Spiess and the law offices of Christopher Trainor & Associates in settlement of the claims in Case No. 3:19cv-01031 captioned Jeremy Spiess v. City of Toledo et. al. against the City of Toledo and its individual police officers is approved.

                          

SECTION 2.  That payment of these claims is contingent upon the execution of a proper release.

                          

SECTION 3. That the expenditure of $20,000 is authorized from the Risk Management Fund Account Code 7095-12000-1157001STDSTD for settlement of the claims authorized in Section 1.

 

SECTION 4.  That the Director of Finance is authorized to draw warrant or warrants in the amount of $20,000 against the Account Code above in payment of the above authorized obligations upon presentation of the proper vouchers therefore.

                          

SECTION 5.  That this, ordinance being an emergency measure, shall be in force and effect from and after its passage. The reason for this 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 in accordance with the conditional agreement of the administrator.

                     

Vote on emergency clause:  yeas 11, nays 0.

 

Passed:  June 8, 2021, as an emergency measure:  yeas 11, nays 0.

 

Attest:                                          

Gerald E. Dendinger                                          Cerssandra McPherson

Clerk of Council                                          President Pro Tempore of Council

 

Approved:                                                               June 8, 2021

Wade Kapszukiewicz

                                                                                    Mayor