ACTION REQUESTED:
Title
Communication from the City Manager and Corporation Counsel with a Request to APPROVE a SETTLEMENT in Verniec Fluker, as Independent Administrator of the ESTATE OF DAVID SMITH V. CITY OF PEORIA, ET. AL.
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BACKGROUND:
This case stems from an October 2019 incident when the Peoria Police Department responded to Johnson Mini-Mart at 907 W. Johnson on the report of a man wielding a gun inside the store. The suspect, David Smith, fled and after a brief pursuit was found on the ground at 302 S. Saratoga. PPD officers immediately called for an ambulance. Once the ambulance arrived, Smith was evaluated and cleared by Advanced Medical Transport (AMT). AMT released Smith into police custody where Smith eventually lost consciousness and was transported to the hospital by the PPD Officers. Smith passed away the next day. Smith’s mother sued the City, PPD officers and AMT for wrongful death. Plaintiff previously settled with AMT.
A settlement conference conducted Judge Gorman on April 26, 2023 resulted in a tentative settlement of $85,000. The settlement will be with the City and the officers will be dismissed as individual defendants.
NEIGHBORHOOD CONCERNS: None.
IMPACT IF APPROVED: Settlement approval will bring closure to the existing case and end legal fees.
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