HomeMy WebLinkAboutRESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY DAVID CUNNINGHAM IN THE AGGREGATE SUM OF THREE HUNDRED THOUSAND DOLLARS f a
RESOLUTION
RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS
BY DAVID CUNNINGHAM (CLAIMANT) IN THE AGGREGATE SUM OF
THREE HUNDRED DOLLARS ($300,000.00), PAYABLE AS FOLLOWS:
DAVID CUNNINGHAM AND RADFORD & KEEBAUGH, LLC, AS HIS
ATTORNEYS; FURTHER AUTHORIZING THE ADMINISTRATOR TO
DISBURSE THE AMOUNT OF THREE HUNDRED THOUSAND DOLLARS
($300,000.00); WAIVING AUGUSTA, GEORGIA CODE OF ORDINANCES
SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER
PURPOSES.
WHEREAS, David Cunningham, filed suit claiming damages as a result of his
unlawful arrest, detention, and prosecution in the United States District Court for the
Southern District of Georgia, Augusta Division, David Cunningham vs. Ken K. Rogers,
Walter Garrison, and Richard Roundtree, Sheriff of Richmond County, in his official
capacity, Case #1:15-cv-00198-JRH-BKE;
WHEREAS, all parties to said lawsuit desire to settle all claims; and
WHEREAS, Claimant has agreed to settle all claims against Ken K. Rogers,
Walter Garrison, and Richard Roundtree, Sheriff of Richmond County, in his official
capacity, for the sum of three hundred thousand dollars ($300,000.00), payable to
David Cunningham and Radford&Keebaugh, LLC,as his attorneys.
WHEREAS, it is in the best interests of Augusta, Georgia to resolve this matter
and pay the amount of three hundred thousand dollars ($300,000.00) to Claimant as
set out above to settle all claims of Claimant against Ken K. Rogers, Walter Garrison,
and Richard Roundtree, Sheriff of Richmond County, in his official capacity, Augusta,
Georgia, the Sheriff of Richmond County and their employees and agents arising out of
the facts alleged in said lawsuit:
While investigating the crime of theft by taking which occurred on July 16, 2014
at the Costco store located at 825 Cabella Drive in Augusta, Georgia, Investigators Ken
K. Rogers and Walter Garrison, in the course of their investigation,incorrectly identified
David Cunningham as a robbery participant. The misidentification resulted in the
issuance of a warrant for the Cunningham's arrest as well as an authorization for
nationwide extradition. As a result, David Cunningham was arrested by FBI agents
while waiting to board a plane in Dallas,Texas to return to his home in Atlanta. He was
held in a Dallas,Texas jail from July 27, 2014 through August 5,2014.
During his incarceration, further investigation revealed that Mr. Cunningham
was not a participant in the July 16, 2014 Costco robbery. When information was
received by the District Attorney's Office provided to the Richmond County Sheriffs
Office, and verified,the Warrant was dismissed and an immediate request to release Mr.
Settlement Resolution
David Cunningham vs.Ken K.Rogers,et al.
Case Number: 1:13-ev-oot98-JRfl B
Paget of 3
Cunningham was submitted. He was released the same day and spent ten (io) days in
jail.
Mr. Cunningham, through counsel, submitted an Ante Litem Notice dated July
21, 2015, demanding $900,000.00 to settle his claim. A Complaint was filed on
December 16, 2015 in the United States District Court for the Southern District of
Georgia, Augusta Division. Discovery was conducted followed by mediation which
resulted in a compromised settlement.
WHEREAS, Augusta, Georgia acknowledges that the payment set forth herein
does not constitute any admission of liability on the part of Augusta, Georgia, Sheriff of
Richmond County, or any of their deputies or employees and liability is expressly
denied;
NOW, THEREFORE, BE IT RESOLVED by the Augusta, Georgia
Commission,
Section 1: The Augusta, Georgia Commission will settle the claims set forth
above for the sum of three hundred thousand dollars ($300,000.00), payable to David
Cunningham and Radford&Keebaugh, LLC, as his attorneys.
Section 2: The County Administrator is authorized to pay a total sum of three
hundred thousand dollars ($300,000.00), payable to David Cunningham and Radford
&Keebaugh, LLC, as his attorneys.
Section 3: To the extent that any section of the AUGUSTA, GA. CODE is in
conflict herewith,that subsection is waived for this instance only.
Adopted this f day of i.. ',/i , 2016.
/74.4.4.k.
Chi Hardie Davis,Jr.
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J3/�f As its Mayor
Attes ; ,� 6n ,��.. �°
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/r J.11orf CP, r'ei of Cd i sion
Seal ri eov 696 i4,0
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Settlement Resolution
-Davichtkumiagtianug itajc,jtmsrs,,met A.
Case Number: 1:19-ev-oos98-JRB=BIS:
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CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Resolution was duly adopted by the Augusta, Georgia Commission
on , 203.6 and that such Resolution has not been modified
or rescinded as of the date hereof and the undersigned further certifies that attached
hereto is a true copy of the Resolution which was approved and adopted in the foregoing
meeting(s).
Lena J. Bonner, Clerk of Commission
Settlement Resolution
David Cunningham vs.Ken K.Rogers,et a1.
Case Number: 1:15-ev-oo193-JR11-SKE
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