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1853RESOLUTION ~ $ ~3 A RESOLUTION APPROVING THE SETTLEMENT OF AN ACTION STYLED TIMOTHY HOWARD, et a~ v ERIK SAMMIS, et ab, AND AUTHORIZING THE MAYOR TO EXECUTE THE SETTLEMENT AGREEMENT AND TO TAKE SUCH OTHER ACTIONS AS MAY BE NECESSARY TO EFFECTUATE THE SETTLEMENT, AND FOR OTHER PURPOSES. WHEREAS, an action has been filed in the United States District Court for the Eastern District of Arkansas, Helena Division, styled Timothy Howard, et al. v. Erik Sammis, et al., case number 2:04CV00095 which seeks damages for the alleged use of excessive force in an incident which occurred on or about July 12, 2003, and; WHEREAS, the City of West Memphis has denied liability and continues to deny liability for each and every cause of action alleged by the plaintiffs; and WHEREAS, the plaintiffs have presented a settlement proposal which, if accepted and approved by the West Memphis City Council, would result in the dismissal of the plaintiffs' Complaint with prejudice without any admission of liability or wrongdoing; and WHEREAS, the proposed settlement provides for a total payment of $35,000.00 to the plaintiffs, of which amount the City of West Memphis would be responsible for $3,500.00; and WHEREAS, the West Memphis City Council finds that the proposed settlement protects the interests of the City of West Memphis and will save the expenses of protracted litigation, and is in the best interest of the City of West Memphis; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT the proposed settlement for the dismissal with prejudice of the action styled Timothy Howard, et al. v. Erik Sammis, et al., case number 2:04CV00095 in the U. S. District Court for the Eastern District of Arkansas, Helena Division, is hereby approved and the Mayor is hereby authorized to execute a settlement agreement, to cause to be paid to the plaintiffs the sum of $3,500.00 and to take such actions and to execute any necessary documents or pleadings to effectuate the proposed settlement. ADOPTED this a~ day of _ , 2006. WILLIAM H. JOHNSON, Mayor ATTEST: P ARA, City Clerk SPONSORED BY: RECEIVED City Cierk's Office Date/Time,_._Se~:3.°~ Z : z o p,~. By r~_ ~~~r.oo~~~~ ~- 06/20/2006 12:09 5013740541 AR MUNIC LEAGUE NGA~ OSTOJA-ST,ARZ~'tNSKY n,rxolzrv~aTj.~+w P.O. BOX 38 NORTH L1TI"LB ROQG Alt 72115 E-mall: nstarzewa+ki~9arml.ors_ Lxrect dial: (5D1) 978-61?s TELEPHONE 5pl$74~4E4 Exk 12b FACSIMILE S01-S7~-0b41 Mr. David Peeples, Esq. West Memphis City Attorney p, p. Sox 1728 West Mctnphis, AR 72303 June 20, 2006 Via Facsimile & U.S. Mail Rc: Timothy Howard, et al. a Eric Sammis, et al. U5DC No. 2:04CV00095 WRW Dear Mr. Peeples: PAGE 02/02 301 YY69T SECOND STREET NORi}~I LITTLE ROCK AR 72114 I am writing to apprise you of an offer which I received from the Plaintiffs' attorney to settle the about-referenced case for $35,000.00. As you are aware, this is a lawsuit alleging excessive force claims and playsical injuries as a result of an incident which occurred on about July 12, 2003 at the Riverside International Speedway. "1'he Plaintiffs have been deposed, and a jury trial is scheduled to take place during the week of October 23, 2006 in Hclelxa. Approval of this offer requires a majority vote of the City Council. Settlement of this lawsuit would result in its dismissal with prejudice and would not in any way constitute an admission of liability or wrongdoing. Should the City approve to settle this lawsuit, it v--ill be responsible fox paying 10% of the settlement amount, or $3,500, pursuant to the terms of the Municipal Legal Defense Program. I am requesting that you present this offer to the City Council and advise me whether the City wishes to accept it. If you have any qucstio:ns, please do not hesitate to contact me. Thank you for your continued cooperation and assistance. Sincerely, Nga sto -Starzc ki cc: Mayor William Johnson Chief Robert Paudcrt Charles Dabbs Eric Sammis