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RES 2011-1514 - Allow judgment in Robert McCurry et al v Jerald Swanson et al Law Department ��-:yam Omaha/Douglas Civic Center Ktir:rt!r11 ! ! DEC _ 1819 Farnam Street,Suite 804 ® •._ dr p��x,��.:?.:-••". Omaha,Nebraska 68183-0804 �Ao ary (402)444-5115 • 7.e1)pee! ` 4 Telefax(402)444-5125 City of Omaha " = Paul D.Kratz Jim Suttle,Mayor City Attorney Honorable President and Members of the City Council, The attached Resolution is submitted by the City Law Department. It authorizes the Law Department to settle a lawsuit pending in the United States District Court filed by three members of the Robert McCurry family against the City of Omaha and several Omaha police officers. If the Resolution is approved,the City of Omaha will make and offer to allow judgment to be entered and paid in the cumulative amount of$85,000.00. That amount will be paid from the Judgment Fund. The case seeks recovery for property damage and lost wages incurred by Mr. and Mrs. Curry and their son as a result of a search of their home pursuant to a search warrant. They allege the warrant was invalid. The federal court has granted Plaintiffs summary judgment on the issue of liability, finding that,although the warrant had been approved by a County Judge,a typographical error in the search warrant made the warrant constitutionally defective. The litigation has been vigorously defended for over 2 %2 years and,as a result of the summary judgment,Plaintiffs are now entitled to recover attorney fees and reasonable damages. The parties submitted the dispute to mediation with a United States Magistrate Judge and the Plaintiffs have agreed to accept this cumulative amount to end the litigation. The settlement will use a method provided by the federal court rules that leads to a judgment being entered. The settlement amount can then be paid from the Judgment Fund to satisfy the judgment. Your favorable consideration of this resolution is respectfully requested. Respeo ly sub • ed, Referred to the City Council for Consideration: T omas O. Mumgaar �_. > .�,� l Z • `� Zo/( Deputy City Attorney Mayor's fice/Title Approved as to Funding: // Pam Spaccafotella Finance Director p:\law—city council documents\2 11\50070s1w.doc ven the contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. by the Chamber in the course of performing this Contract. III. TERM This Contract shall be in full force and effect from the effective date of the City Council resolution approving this Contract through and including the completion of the duties of the parties; provided that certain duties of the parties as specifically set out herein may have been accomplished prior to the effective date or may be required subsequent to termination date. This Contract may be terminated by either party upon thirty days notice. - 3 - olicies, programs, and statistics of the Consultant and his sub-consultants. 7) The Consultant shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each sub-consultants or vendor. K. New Employee Work Eligibility Status—LB 403 Contract Provisions. Professional Service Agreement-Reinhardt&Associates Architects NP Dodge Marina Building Flood Remediation Page 5 of 9 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER y.. Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: (- WHEREAS,litigation is presently pending in the United States District Court for the District of Nebraska, entitled Robert McCurry, Melanie McCurry, and Christopher McCurryjv. Jerald Swanson, Richard Martinez, Robert Wondra, Paul Latchar, Paul Milone, Brett Becker, Ryan Sedlacek, Edith Andersen, and the City of Omaha, Case No. 8:08-cv-448, in which the Plaintiffs allege the City of Omaha is liable for damages incurred during execution of a search warrant at the plaintiffs' home; and, WHEREAS, the allegations and contentions against the City of Omaha and its employees constitute disputed claims; and, WHEREAS,this City Council determines it would be in the best interest of the City of Omaha and the residents thereof to avoid the cost and uncertainty of trial and resolve this litigation by settlement through an offer to allow judgment to be entered in accordance with Rule 68 of the Federal Rules of Civil Procedure. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the City of Omaha Law Department is authorized to make an offer to allow judgment in Robert McCurry, et al. v. Jerald Swanson, et al,. to be entered against the City of Omaha and/or one or more individual defendants in the cumulative amount of$85,000.00,inclusive of all costs; and, if the offer is accepted by the Plaintiffs,said funds will be paid from the Judgment Fund, Fund 12111, Org 121101. APPRO . ' ` AS TO FORM: DEPUTY CITY TT R EY _D ATE?-!( p:\law-city council documents\2011\50071s1w.doc • ByJ.. ...... . ... �' ' • 'ncilmember Adopted pC 2 0 2011ill — Q ► ty Clerk 1 2 oZ al)' is l� Approved,,0100 j, /r Mayor satisfy the judgment. Your favorable consideration of this resolution is respectfully requested. Respeo ly sub • ed, Referred to the City Council for Consideration: T omas O. Mumgaar �_. > .�,� l Z • `� Zo/( Deputy City Attorney Mayor's fice/Title Approved as to Funding: // Pam Spaccafotella Finance Director p:\law—city council documents\2 11\50070s1w.doc ven the contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. by the Chamber in the course of performing this Contract. III. TERM This Contract shall be in full force and effect from the effective date of the City Council resolution approving this Contract through and including the completion of the duties of the parties; provided that certain duties of the parties as specifically set out herein may have been accomplished prior to the effective date or may be required subsequent to termination date. This Contract may be terminated by either party upon thirty days notice. - 3 - olicies, programs, and statistics of the Consultant and his sub-consultants. 7) The Consultant shall include the provisions of paragraphs (1) through (7) of this section, "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each sub-consultants or vendor. K. New Employee Work Eligibility Status—LB 403 Contract Provisions. Professional Service Agreement-Reinhardt&Associates Architects NP Dodge Marina Building Flood Remediation Page 5 of 9 f ,'• p � o " 0 0.g. � ,� o 0 S � o • . 0 co CD h (D Z �� ,� g g a o p o o b Q. a o :; P 5 0 c z h. I N a o !flII! U N•O rr N c. 'C 5• a. tij ''C3 Y CD CCDD I.+) CCDD A, vn• c1 is: NewsBank, inc. 5801 Pelican Bay Boulevard, Suite 600 Naples,FL 34108 Inquiries may be telephoned to(800)762-8182. Sincerely, Ren Dimond Vice President—National Accounts A e OR, C •OF OMAH-A ' APPROVED AS TO FORM: 04414_( DEP CITY ATTORNEY p:\law-city council documents\2011\10217dae.doc - 6 - i,3C S � Law: Assistant City Attorney Michelle Peters