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HomeMy WebLinkAboutRESOLUTION AUTHORIZING SETTLEMENT OF ALL CLAIMS BY ROBERT SMITH THROUGH NEXT FRIEND MELISSA SMITH IN AMOUNT OF $200,000 � �_ RESOLUTION RESOLUTION AUTHORIZING THE SETTLEMENT OF ALL CLAIMS BY ROBERT SMITH THROUGH NEXT FRIEND MELISSA SMITH IN THE AGGREGATE AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ($200,000); AUTHORIZING THE COUNTY ADMINISTRATOR TO DISBURSE THE AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ($200,000); WAIVING AUGUSTA-RICHMOND COUNTY CODE OF ORDINANCES SECTIONS IN CONFLICT FOR THIS INSTANCE ONLY; AND FOR OTHER PURPOSES. WHEREAS, Robert Smith through next friend Melissa Smith, has a lawsuit now pending in the United States District Court for the Southern District of Georgia, Civil Action No. CV 110- 126; WHEREAS, all parties to said civil action desire to settle all claims; and WHEREAS, Claimant has agreed to settle all claims against Augusta-Richmand County, Sheriff Ronald Strength, and deputies sheriffs employed by Sheriff Ronald Strength far the sum of two hundred thousand dollars ($200,000.00); WHEREAS, it is in the best interests of Augusta-Richmond County to resolve this matter and pay the amount of two hundred thousand dollars ($200,000.00) to Claimants as set out above to settle all claims of Claimants against Augusta-Richmond County, the Sheriff of Richmond Caunty and their employees and agents arising out of the facts alleged in said lawsuit: On September 22, 2008, deputies with the Richmond County Sheriff's Office were dispatched to a certain location in Augusta based upon information that an individual named Chris Foster was traveling around the area in a truck of a certain description and that there were outstanding felony warrants for Foster. Deputies dispatched to the area observed a truck fitting the description and when the occupants of the truck saw the patrol vehicle, the truck pulled over and the passenger got out of the truck and began fleeing from the officers. Deputies gave chase and eventually lost sight of the fleeing individual. Deputies then received information from a bystander that the individual they were chasing lived in a certain house on Doughty Road. Deputies went to the house and eventually received permission to search the house. Upon searching the house, deputies found the individual that was fleeing from them hiding in an attic. The individual jumped through the attic floor and fell into a bedroom below. The individual then went into a bathroom and locked himself in and refused to come out in response to the officers' demands. Deputies eventually forced their way into the bathroom and the individual resisted resulting in force used upon the individual which claimant contends was excessive and caused serious injuries to said person. The individual was later determined to be Robert Smith and not Chris Settlement Resolution Robert Smith through next friend Melissa Smith Page 2 of 3 Foster. Mr. Smith was fleeing because there was an outstanding Columbia County warrant for his arrest for probation violations WHEREAS, Augusta-Richmond County acknowledges that the payment set forth herein does not constitute any admission of liability on the part of Augusta-Richmond County, Sheriff Strength, or any of their deputies or employees and liability is expressly denied; NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission, Section 1: The Augusta-Richmond County Commission will settle the claims of Robert Smith through next friend Melissa Smith for the aggregate amount of two hundred thousand dollars ($200,000). Section 2: The County Administrator is authorized to pay a total sum of two hundred thousand dollars ($200,000) to Robert Smith at the direction of the Commission. Section 3: To the extent that any section of the Au�usTA, GA. CoDE is in conflict herewith, that subsection is waived for this instance only. Adopted thisZ4 �ay of oL�v�,�. , 2012. �� � , 7� � `�9 David S. Copenhaver As its Mayor Attes • ��/�� j � � �� � � en� �1" r, lerl� 8� ission ti e `'�" �. `�,a �/ � �• � � s�� a ; .,� :�� .... � � � � � ,j � �C... � • / � � �` � ��. - .� sti ' , t v v�'% �� I �` t99t � ' � `6E f;�654@�@ 0 � •• � +,,11 ��a��►°`��~ Settlement Resolution Robert Smith through next friend Melissa Smith Page 3 of 3 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the fore � esolu ion was duly adopted by the Augusta-Richmond County Commission on � , 2012 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. Bo er, Clerk of Commission