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HomeMy WebLinkAbout2011-06-21; City Council; 20596; GENERAL RELEASE SETTLEMENT SHAWN MURRAY V CITYCITY OF CARLSBAD - AGENDA BILL 13 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 COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES COUNCIL RECEIVED THE REPORT/PRESENTATON / D D D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, MAY.20.2011 14:43 8587555666 DALEY AND HEFT b;v \ #1368 P.003 /005 i 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 | causes of action of any kiod that may now have arisen or hereafter may arise as a result of the above i 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 i type whatsoever. ! • MAY.20.2011 14:43 8587555666 DALEY AND HEFT LLC(#1368 P.004 /005 As additional consideration, for this settlement, CITY DEFENDANTS agree to conduct i 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 ii • signatures were placed on one' document, and all of which together shall be one and the same i 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 MAY.20.2011 14:44 8587555666 DALEY AND HEFT LLC(#1368 P.005 /005 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