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Sparks City Council Meeting 5/10/2021 2:00:00 PM
Meeting Link: https://zoom.us/j/95060093869Meeting Dial-in #: 1-669-900-6833 Meeting ID: 950 6009 3869
General Business: 9.4
A Business Impact Statement is not required because this is not a rule.
This Agenda item gives the City Council the opportunity to accept or reject the offer to settle Jackson v. Dutra, et al. for $500,000.
Background:
Plaintiff Kim Jackson was arrested by Sparks Police Department for obstructing and resisting in violation of NRS 199.280 on November 1, 2018. Plaintiff has filed a federal civil rights lawsuit against Sparks Police Sergeant Jason Edmonson (retired), Sparks Police Officer Eric Dejesus, and Sparks Police Officer Chris Dutra alleging: (1) Unlawful Seizure against all officers, (2) False Arrest against all officers, (3) Excessive Force against all officers, and (4) Supervisor Liability against Sergeant Edmonson. Plaintiff voluntarily dismissed her Fifth Cause of Action, Violation of the Americans with Disabilities Act and Sixth Cause of Action, violation of the First Amendment, after the Sparks City Attorney’s Office filed a Motion for Judgment on the Pleadings. However, the four claims listed above are still pending and discovery is ongoing. The City of Sparks itself was not sued in this case, but the City of Sparks is obligated to pay any judgment or settlement amount as the officers were acting in the course and scope of their employment.
Analysis:
If City Council accepts the $500,000 settlement offer, staff would negotiate the specific terms of the settlement agreement, and Plaintiff would dismiss the case with prejudice in exchange for the $500,000 payment.
If City Council rejects the $500,000 settlement offer, the case will continue. The officers could receive judgment in their favor, meaning that the City would not have any financial obligation arising from the case. It is also possible that Plaintiff could receive judgment in her favor in an amount that exceeds $500,000, particularly because plaintiffs who are successful in civil rights actions may be awarded their attorney 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 the Jackson v. Dutra, et al. matter for $500,000.
To accept the settlement offer:
I move to accept the offer to settle the Jackson v. Dutra, et al. matter for $500,000, direct staff to negotiate a written settlement agreement, and authorize the City Manager to execute the settlement agreement on the City's behalf.
