HomeMy WebLinkAbout2011-06-21; City Council; 20596; GENERAL RELEASE SETTLEMENT SHAWN MURRAY V CITYCITY OF CARLSBAD - AGENDA BILL
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AB#
MTG.
DEPT.
20.596
6/21/11
CA
REPORTING OUT THE GENERAL
RELEASE AND SETTLEMENT OF
CLAIMS IN SHA WN MURRA Y V. CITY
OF CARLSBAD, ETAL
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
There is no action to be taken by the City Council.
ITEM EXPLANATION:
The parties have now settled this issue under the authority given to the City Attorney by the City
Council at its closed.session of November 9, 2010. This item satisfies the Brown Act
requirement to report the fact of a settlement approved in a prior closed session and makes the
terms and conditions of the settlement available to the public.
FISCAL IMPACT:
The total cost of the settlement is $87,500.
ENVIRONMENTAL IMPACT:
Reporting out the fact of Settlement is not a "project" within the meaning of CEQA and therefore
environmental review is not required pursuant to CEQA Regulation 15061(b)(3).
EXHIBITS:
1. General Release and Settlement of Claims is on file with the City Clerk.
DEPARTMENT CONTACT: Ronald R. Ball 760-434-2891 ron.ball@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
COUNCIL RECEIVED THE
REPORT/PRESENTATON /
D
D
D
3SX,
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Re: Shawn Murray v. City of Carlsbad, et al.
USDC Case No. 3:08-<5v-02121 BTM (MDD)
For the sole consideration ofElGHtY SEVEN THOUSAND FIVE HUNDRED DOLLARS
andNo/'i 00 (S87,500.00), and apramingitem" (discussed more fuiiy below) the undersignedhereby
releases and further discharges the CITY OF CARLSBAD, LT. MARK RENO, GILBERT
SEASON, MINGO PARRA DEREK HARVEY, DZUNG LUC, and all other CITY OP
CARLSBAD employees, its police officers of any rank, its attorneys and agents, officers, council
members (hereinafter "CITY DEFENDANTS") and all Other persons, firms and corporations from
". <• !all liability, claims and demands, rights and causes of action of any kind the undersigned now has
or hereafter may have on account of or hi any way growing out of the damages resulting or to result
from me incident occurring on or about August 17, 2008, which is the subject of United States
District Court, Southern Distrii it, Case No. 3:08-cv-02l21 BTM (MDD). The undersigned hereby
agrees to dismiss said action, -with prejudice forthwith:
Further, the undersigned hereby agrees to release any and all claims and demands, rights and
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causes of action of any kiod that may now have arisen or hereafter may arise as a result of the above
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incident, and further agree to hild CITY DEFENDANTS, harmless, arid to indemnify them for and
against any claim, lien or debt which has arisen or may arise from the incident described herein,
including but not limited to Worker's Compensation liens, attorneys' Hens, and medical liens of any
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type whatsoever. ! •
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As additional consideration, for this settlement, CITY DEFENDANTS agree to conduct
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additional training of all officers regarding the proper sc'ope of a search for weapons incident to
' arrest for domestic violence. TJhe outline for that training will be provided to the plaintiff.
This release expresses d full and complete settlement of a Liability claimed and denied on the
part of all parties, regardless of the adequacy of the above consideration, and the acceptance of this
release shall not operate as an edmissioix of liability or wrongdoing on'the part of any party hereto.
Specifically, all defendants iuve contested liability and continue to contest liability and all
defendants deny any wrongdoing whatsoever. The above-mentioned consideration expressly
includes all attorneys' fees and :osts whatsoever. Any additional claim for attorneys' fees pursuant
to 42 U.S.C. Sections 1983 ana 1988 are hereby waived by the undersigned and their attorneys.
All rights given by Seci ion 1542 of the Civil. Code of California or any equivalent Federal
statute or law, which is quoted below, are waived by the tsndersigned. •
CIVIL CODE SECTION 1542: "A general release does not
extend to claim s which the creditor docs not kttow or suspect to
exist in his or her favor atthe time of executing the release, which
if known by him or her must have materially affected his or her
settlement with' the debtor."
This agreement may be executed in counterparts with the same effect as if all original
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signatures were placed on one' document, and all of which together shall be one and the same
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agreement !
By signing this General Release, I intend to give up and'discharge all rights and claims to
damages to persons and/or property, even though some of such damages may not have shown
themselves atthe tune of accept ace of this settlement. By signing this General Release, I also agree
not to inform, alert or in any w* y initiate contact with any type of media (including but not limited
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to newspaper, magazine, televi sion, radio, internet, trade journal, poKce periodical, and the like) or
post the fact of this settlement or any of its details on any type of social media, such as Facebook,
blogs, internet chat vehicles, Twitter, or similar social media instrumentalities. If approached by any
media representative, I agree to simply state that a settlement was reached, and the amount. I
understand this aspect of the settlement is not merely incidental to the agreement, but, rather is
material and its breach will be
DATED
i breach of the
.1 SHAWN MURRAY, Plaintiff/'
APPROVED AS TO FORlVfkND CONTENT:
DATED: 11 f*ftf
DATED:
HAlNES LAW FIRM
By:
!F.Haines,Esq.
Attorney for Plaintiff, Shawn Murray
DALEY
By:
MrtcnelTlMJean, Esq.
Attorney for Defendants