ACTION REQUESTED:
title
Communication from the City Manager and Corporation Counsel with a Request to APPROVE a SETTLEMENT in AUSTIN J. BERTSCHY v. ZACHARY A. JANSSEN. (Case No. 1:16 CV 1036)
Body
BACKGROUND:
This lawsuit arose from an incident between Austin Bertschy and Officer Zachary Janssen on February 14, 2014, when Bertschy was leaving a bar around closing time (4:00 a.m.). The parties agree that physical contact was made between Bertschy and Officer Janssen during the incident but dispute the facts that led to the contact. Bertschy was cited with and settled an ordinance violation for excessive noise and pled guilty to misdemeanor attempted resisting an officer. He filed suit asserting claims for false arrest and excessive force. The Court granted summary judgment on the arrest claim, but allowed the excessive force claim to proceed to jury trial. The case is defensible, but a settlement will end on-going litigation costs.
Negotiations with the plaintiff have resulted in a tentative settlement of $450,000.
FINANCIAL IMPACT: $450,000
NEIGHBORHOOD CONCERNS: N/A
IMPACT IF APPROVED: Settlement approval will bring closure to the existing case and end litigation expenses and risks.
IMPACT IF DENIED: Litigation will proceed.
ALTERNATIVES: N/A
EEO CERTIFICATION NUMBER: N/A
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Financially Sound City
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Have an efficient government.
DEPARTMENT: Legal