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Sparks City Council Meeting 7/27/2020 2:00:00 PM

Meeting Link: https://zoom.us/j/97760575235
Meeting Dial-in #: 1-669-900-6833 Meeting ID: 977 6057 5235

General Business: 9.8

Title: Consideration, discussion, and possible acceptance or denial of an offer to settle Grundy v. City of Sparks, Case No. CV20-00540 in the Second Judicial Court for $100,000.00.
Petitioner/Presenter: City Attorney/Chet Adams/Brandon Sendall
Recommendation: The City Attorney recommends that City Council reject or accept the settlement offer.
Financial Impact: If City Council approves the settlement offer, the City would be obligated to pay $100,000.00 from a risk account.
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

In this state court negligence action, Plaintiff Alayne Grundy alleges two Sparks Police Officers were negligent because they did not handcuff a person who was receiving a medical examination at Renown. The person receiving the medical examination attacked Ms. Grundy during the examination. Plaintiff has offered to settle this case for $100,000.00. If City Council approves this settlement amount, the City would be obligated to pay $100,000.00.



Background:

In October of 2019, two Sparks Police Officers, in conjunction with the regional Mobile Outreach Safety Team, placed a citizen on a temporary mental health crisis hold, also known as a "Legal 2000" hold. As part of the Legal 2000 process, the subject of the hold must be evaluated by a licensed doctor, physician's assistant, or advanced practice registered nurse to determine whether the person has a medical condition other than a psychiatric condition that could require immediate treatment before going to a mental health facility. NRS 433A.165.

Shortly after the subject of the Legal 2000 hold was brought to the Renown emergency room for a medical examination he attacked Ms. Grundy, who was working as a nurse at Renown. Ms. Grundy alleges she has incurred medical expenses and past and future lost earnings as a result of the attack. Ms. Grundy has sued the City of Sparks for negligence, alleging that the officers knew the subject of the Legal 2000 hold was "homicidal or suicidal" and that they had a duty to restrain the subject in handcuffs during the medical examination, and that the City of Sparks breached its duty of care by failing to properly hire, train, and supervise its police officers and is therefore vicariously liable for any police officer negligence.



Analysis:

If City Council accepts the $100,000.00 settlement offer, staff would negotiate the specific terms of the settlement agreement, and Plaintiff would dismiss the case with prejudice in exchange for the $100,000.00 payment.

If City Council rejects the $100,000.00 settlement offer, the case will continue. The City of Sparks and any future named police officers named in the action could receive judgment in their favor, meaning that the City would not have any financial obligation from the case. It is also possible that Plaintiff could receive judgment in her favor in an amount to be determined at trial, subject to the State tort cap under NRS 41.035 and a possible award of attorney's fees. 



Alternatives:

The City Council may either reject or accept the settlement offer. 



Recommended Motion:

To reject the settlement offer:

I move to reject the offer to settle Grundy v. City of Sparks matter for $100,000.00

To accept the settlement offer:

I move to accept the offer to settle the Grundy v. City of Sparks matter for $100,000.00, direct staff to negotiate a written agreement, and authorize the City Manager to execute the settlement agreement on the City's behalf. 



Attached Files:
     07.14.20 - Demand Letter from Brennan.pdf

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