Adams, City of Toledo
Department of Law
J. Charles x1038
Revised
ORD.
Authorizing the settlement of the claims of Jerry Easter, Trena Easter, and Jerry Easter Jr. in Case No. 3:14CV1102 captioned Easter, et. al. v. Adams, et. al.,pending in the United States District Court, Northern District of Ohio, Western Division, before the Honorable Judge Zouhary,authorizing the expenditure of the City of Toledo’s portion of the settlement of $37,500 from the Risk Management Fund; and declaring an emergency.
SUMMARY & BACKGROUND:
The Easters, Jerry Easter, Trena Easter, and their minor son Jerry Easter Jr., filed a lawsuit in the United States District Court on May 22, 2014, alleging various violations of their Constitutional rights as a result of an incident which took place on June 1, 2013 in a Kroger Parking Lot involving off duty police officer Robert Adams. Adamsattempted to write the Easters a parking ticket and subsequently broke their windshield after an unsuccessful attempt was made to get Jerry Easter’s identification. Though Adams was disciplined for his conduct on the day in question,the allegations in the complaint have occasioned the City of Toledo to pay for his legal defense, as well as to possibly indemnify him for the injuries Plaintiffs suffered.
A proposed agreement has been reached in the amount of $62,500 to settle all remaining claims resulting from the incident described herein without constituting an admission of liability for any violation of state or federal law. Of this sum $25,000 is being paid directly by Robert Adams. The City of Toledo’s portion of the settlement is $37,500. NOW, THEREFORE,
Be it ordained by the Council of the City of Toledo:
SECTION 1. That payment of $37,500 in settlement of the claims against the City of Toledo inCase No. 3:14CV1102 is approved from the Risk Management Fund Account Code 7095-12000-3383003ALL35G.
SECTION 2. That payment of these claims is contingent upon the execution of the proper release by the claimants.
SECTION 3. That the Director of Finance is authorized to draw his warrant or warrants to Jerry Easter, Trena Easter, Jerry Easter Jr., and their attorney Deborah Gordon, Esq., in the sum of $37,500upon 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 in accordance with the conditional agreement of the administrator.
Vote on emergency clause: yeas _____, nays _____.
Passed: ______, as an emergency measure: yeas _____, nays _____.
Attest: ______
Clerk of Council President of Council
Approved: ______
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ______.
Attest: ______
Clerk of Council