In June of 2017, Sparks Police Officer Joseph Mercer arrested Plaintiff Zyhere Fichman for armed robbery and burglary. At Plaintiff's preliminary hearing in the criminal case, the Justice of the Peace found that there was probable cause to believe Plaintiff committed those crimes. However, the criminal case was later dismissed. Plaintiff then filed this civil action in United States District Court, alleging that Officer Mercer arrested him without probable cause.

Plaintiff originally sued both the City and Officer Mercer, but the claims against the City have been dismissed. Because Officer Mercer was acting in the course and scope of his employment, however, the City is obligated to pay any judgment or settlement amount on his behalf. The case is currently in the discovery phase. Plaintiff has offered to settle the case for $55,000.00. A letter from Plaintiff's attorney in support of the settlement offer is attached as Exhibit 1. 

If City Council accepts the $55,000.00 settlement offer, staff would negotiate the specific terms of the settlement agreement, and Plaintiff would dismiss the case with prejudice in exchange for the $55,000.00 payment.

If City Council rejects the $55,000.00 settlement offer, the case will continue. Officer Mercer could receive judgment in his favor, meaning that the City would not have any financial obligation from the case. It is also possible that Plaintiff could receive judgment in his favor in an amount that far exceeds $55,000.00, particularly because plaintiffs who are successful in civil rights actions may be awarded their attorney fees.

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

To reject the settlement offer:

I move to reject the offer to settle the Fichman v. Mercer matter for $55,000.00.

To accept the settlement offer:

I move to accept the offer to settle the Fichman v. Mercer matter for $55,000.00, direct staff to negotiate a written settlement agreement, and authorize the City Manager to execute the settlement agreement on the City's behalf.