2018 2:00:00 PM

Tuesday, May 29, 2018 2:00 PM
Council Chambers, Legislative Bldg, 745 4th St., Sparks, NV

General Business: 9.5

Title: Consideration, discussion, and possible decision regarding a Settlement Offer in a Civil Rights Case (FOR POSSIBLE ACTION).

Petitioner/Presenter: Chester H. Adams, City Attorney/Alyson McCormick, Assistant City Attorney

Recommendation: That City Council reject the settlement offer made by counsel for Plaintiff Lionel Irving.

Financial Impact: An expenditure of $50,000.00 will be required if the City Council accepts the settlement offer.

Total Costs: $50,000.00

Fund: Municipal Self-Insurance Account: 603260
Program: Admin/Premium (Non Claim) Transactions in Muni Ins Fund (050515)
Amount: $50,000.00 Budget Status: Over Budget (See Budget Correction Plan)

Budget Correction Plan:
Potential settlement of federal litigation.

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 a settlement offer relating to a civil rights claim against the City.

Background:

In September 2017, Plaintiff Lionel Irving filed a complaint against the City of Sparks and other entities based on events that allegedly occurred in September 2015. Plaintiff alleges that he was shot by a Sparks Police Officer in violation of his civil rights, in addition to other allegations. The case is currently proceeding in the United States District Court for the District of Nevada as Lionel Irving v. City of Sparks, et al., Case No. 3:17-CV-00663-MMD-VPC.

Analysis:

The City Attorney recommends rejecting Mr. Irving’s settlement offer of $50,000.00.

Alternatives:

The City Council could accept Mr. Irving’s settlement offer.

Recommended Motion:

Rejection of Demand:

Based on the advice of the City Attorney’s Office, I move to reject Plaintiff Lionel Irving’s settlement offer of $50,000.00 and pursue further negotiations and/or litigation of Mr. Irving’s claims.

Acceptance of Demand:

Alternatively, the City Council could decide to accept Mr. Irving’s settlement offer. If the City Council decides to accept the settlement offer, the motion should state:

I move to accept Plaintiff Lionel Irving’s offer to settle all claims against the City for $50,000.00.

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