2016 2:00:00 PM

Monday, August 8, 2016 2:00 PM
Council Chambers, Legislative Building, 745 Fourth Street, Sparks, NV

General Business: 9.7

Title: Consideration, discussion and possible action on the Offer of Judgment in Carlsson v. Cragg, Connelly, Gallop, Johnson and Tracy.

Petitioner/Presenter: Alyson McCormick/Alyson McCormick

Recommendation: None.

Financial Impact: An expenditure of up to $50,000.00 will be necessary if the City Council approves the settlement.

Total Costs: $50,000.00

Fund: Municipal Self-Insurance Account: 603260
Program: Police in Muni Ins Fund (050522)
Amount: $50,000.00 Budget Status: Budget Exists

Budget Correction Plan:
An expenditure of up to $50,000.00 will be necessary if the City Council accepts the Plaintiff’s Offer of Judgment.

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief:

This agenda item asks the City Council to consider and decide whether to accept or reject an Offer of Judgment in ongoing litigation.

Background:

Plaintiff Jeramie Carlsson is an inmate in the custody of the Nevada Department of Corrections. In 2012, he was arrested for various offenses that occurred in Sparks and Reno. Plaintiff alleges that employees of the Sparks Police Department and Reno Police Department used excessive force during the course of his arrest. The Court denied Defendants’ motions for summary judgment. Plaintiff previously rejected the City’s Offer of Judgment for $251.00. Plaintiff has served an Offer of Judgment on all Defendants for $50,000.00. A settlement conference is scheduled for Tuesday, August 9, 2016.

Analysis:

It is the City’s position that the amount of force used was reasonable under the circumstances and none of the Sparks Officers participated in the use of force during Plaintiff’s arrest. In addition, Plaintiff thus far has not put forth any evidence that would support an award of damages approaching $50,000.00.

Alternatives:

The City Council could accept or reject Plaintiff’s Offer of Judgment based upon information it receives from the City Attorney during the attorney-client session.

Recommended Motion:

Rejection of Offer of Judgment:

If the City Council decides to reject the Offer of Judgment, the motion should state:

Based on the advice of the City Attorney’s Office, I move to reject Plaintiff Jeramie Carlsson’s Offer of Judgment in the amount of $50,000.00.

Acceptance of Offer of Judgment:

Alternatively, the City Council could decide to accept the Offer of Judgment. If the City Council decides to accept the Offer of Judgment, the motion should state:

I move to accept Plaintiff Jeramie Carlsson’s Offer of Judgment in the amount of $50,000.00.

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